In WorkRep's previous article about the age discrimination law (Employment Equality (Age) Regulations)that came into effect on October 1st 2006, we wrote that "as long as an employer follows the right procedures, a carriage and horses can be driven through rights that the legislation intended to bestow on older workers".
It was further mentioned in our article that the central weakness of the legislation, that of Mandatory Retirement Ages (MRAs) which allow employers to force workers into retirement is being challenged using judicial review by Heyday (offshoot of 'Age Concern').
At the moment an employee has the 'Right To Ask' to remain working past the normal retiring age of 65 years. There is nothing the worker can do if the employer goes through the motions and simply refuses. This is what, as was expected before the regulations came in, has now happened to thousands of workers.
The judicial review in the High Court was meant to scrutinise the legality of the Employment Equality (Age) Regulations (2006) in order to decide whether they contravene the European Equal Treatment Directive by leaving people over 65 without the right to work.
The judge has today considered the application by Heydey that is arguing that 'forced retirement' at age 65, permissible under the UK Age Regulations, is inconsistent with the EU Equal Treatment Framework Directive. His decision was to promptly refer the matter to the European Court Of Justice (ECJ).
There is little prospect of the issue being decided by the ECJ within the next year.
For further information regarding Mandatory Retirement Ages (MRAs) & the Employment Equality (Age) Regulations as they now stand, see our previous article:- The 'Right' To Ask - Legislation That Falls At The First Hurdle (23/10/2006)
© Workrep 06 / 12 / 2006