Age discrimination why Heyday presents a risk to the private sector

Published: 03 January 2008

The National Council on Ageing, operating as the Heyday group, has challenged the way in which the UK Government implemented the European Directive on age discrimination (the Directive). One of Heyday's complaints is that Regulation 30 of the Age Regulations, which allows employers to retire employees at age 65 or above by following a retirement process, is not permissible under the Directive. Heyday has applied to the High Court for a judicial review of the Age Regulations, and in turn the High Court has referred various questions to the ECJ on the scope of the Directive. In the meantime, tribunals have had to decide how to handle age discrimination claims that relate to the default retirement age. The President of the Employment Tribunals has decided to stay all age claims relating to the default retirement exemption in the Age Regulations, pending the outcome of Heyday's challenge.

Addleshaw Goddard, Solicitors