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September 23, 2008
FORCED RETIREMENTS - HEYDAY CASE
For those of you intently following the Heyday case which has been referred to the European Court of Justice to ascertain whether an employer can legally make an employee retire at the age of 65 in the UK, or, whether this amounts to age discrimination thus resulting in an unfair dismissal claim.
The Advocate General, a legal advisor to the European Court of Justice, has given his opinion supporting the UK legislation that employers can make individuals retire at the age of 65. This decision is NOT legally binding, but may influence the Judges within the European Court when making their ruling.
In a Press Release Heyday said:
“We are challenging this law because it is costing good workers their jobs. If the European Court confirms this opinion, the case would then have to go back to the High Court in London for a final decision. We hope the High Court would not want to remove the choice for people to work in later life if they wish to or if they need to.
“Denying people work because of their date of birth is grossly unfair, and in these tough times we expect more people will need to carry on working into ‘retirement’ in order to make ends meet.”
Posted by Hampshire at September 23, 2008 09:41 PM