Default retirement age – here to stay?


The Advocate General (AG) of the European Court of Justice (ECJ) has delivered his opinion – the first stage towards a judgment in the highly anticipated Heyday case. The case challenges provisions under the Age Regulations which allow employers to dismiss workers aged 65 or over, provided the reason for dismissal is retirement and is not otherwise discriminatory. The arguments centre on whether the UK has properly implemented the age discrimination requirements of the European Framework Directive, and whether the so-called default retirement age of 65 is, of itself, discriminatory.

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