The European Court of Justice's Advocate General has today
ruled against the Heyday challenge to the UK's compulsory
retirement age of 65. Although this opinion is not binding, the
Advocate General's opinion gives an indication of how the ECJ
is likely to decide the case, which will have its final ruling in
December this year. Heyday, which is a spin off of the charity Age
Concern, is challenging current UK rules which since 2006 have
allowed employers to compel workers to retire at 65. Heyday claim
that the setting of such an age limit is age discrimination.
Under the current law, if an employee wishes to seek to work
beyond 65 he must make a request to continue working to his
employer, who although must consider such request, is not compelled
to accept it. If the ECJ eventually rules in the favour of Heyday,
the case could have a final hearing in a British court. According
to the Employment Tribunal Services, there are currently 260 cases
still pending the outcome
