Ageing Blow
After what seems like a very long wait, the Advocate General has just given his opinion in the challenge brought by Heyday (an offshoot of Age Concern) against the requirement in the 2006 age regulations employees should retire at 65.
Unfortunately, he has recommended that the European Court of Justice rejects the challenge when it comes to consider the case later in the year. Although his decision is not binding, it is often followed by the Court.
The Advocate General, a senior legal advisor to the Court, said that the rule in the age regulations allowing employers to dismiss employees when they get to 65 or over (as long as the reason is for retirement reasons) can be justified and is not incompatible with the terms of the Equal Treatment Directive.
According to the Employment Tribunals Service, there are about 260 cases in England, Scotland and Wales that have been stayed and are waiting for a definitive decision from the ECJ. It is likely to make a ruling in December.
For a copy of the opinion, go to:
http://curia.europa.eu