Older workers who have hundreds of cases currently stayed in the employment tribunals have suffered as serious setback today in their cases against employers who made them retire when they reached 65 years of age.
The European Court of Justice (ECJ) has decided against Age Concern (Heyday) which argued that the Employment Equality (Age Discrimination) Regulations 2006 allowing employers to make workers retire at 65 is inconsistent with the EU Equal Treatment Framework Directive which stated that there shall be no discrimination whatsoever on the ground of age.
The British Government's case for allowing discrimination against workers after the age of 65 years as regards retirement, relied on Article 6(1)which stated that:
‘Member States may provide that differences of treatment on grounds of age shall not constitute discrimination, if, within the context of national law, they are objectively and reasonably justified by a legitimate aim, including legitimate employment policy, labour market and vocational training objectives, and if the means of achieving that aim are appropriate and necessary.’
The ECJ accepted the British Government's argument in deciding that UK legislation does not breach the Equal Treatment Framework Directive by failing to set out a list of legitimate aims, that a UK retirement age of 65 may be considered as an example of such a proportionate means of achieving a legitimate aim, and that it will be for the UK courts to decide whether that aim is met.
Age Concern has indicated that when it brings this case back to the High Court it will be arguing that forcing people over 65years of age into retirement when they have inadequate pensions is neither proportionate or legitimate.
The transcript of this case can be found
Here
© Workrep 05 / 03 / 2009