Heyday takes Government to court over mandatory retirement age (03.07.06)

80% of Baby Boomers* say forced retirement is unacceptable

Heyday‚ the membership organisation‚ is taking the Government to court over the future of Mandatory Retirement Ages (MRA). The action is being supported by Age Concern. An application is being lodged in the High Court today‚ Monday 3 July‚ to seek a judicial review of the Employment Equality (Age) Regulations (2006) which come into force on 1 October. In particular‚ Heyday is challenging the Government over employment rights for people over the age of 65.

Heyday launched in May to help people prepare for and make the most of modern retirement. It is in the process of conducting the biggest ever consultation exercise of people in their fifties and sixties on a range of issues including work and retirement. To date‚ over 60‚000 people from the baby boomer generation have responded to a survey called Have Your Say. 80 per cent of those asked believe there should be no forced retirement‚ and 65 per cent plan to work past State Pension Age.

If permission is granted for a hearing it will mean the High Court will scrutinise the legality of the regulations which Heyday‚ backed by Age Concern‚ believes contravene a European Directive outlawing age discrimination and leaves people over 65 without the right to choose to continue working. Unless Mandatory Retirement Ages are scrapped‚ Heyday says that the directive cannot hope to stop older people who want or need to keep working being forced out of work in the UK. If a compulsory retirement age is abolished‚ UK employers will still have the right to dismiss employees on the grounds of performance and ability.

Commenting on the campaign‚ Neil Churchill of Heyday says:

“Forcing people to retire is denying people the right to work – a right which everyone should have‚ regardless of age. The Government has failed in its legislation around ageism in the workplace. Currently‚ workers have no rights to stay in employment past 65 and are being driven out of work. Taking the Government to court is not a step we are taking lightly. Heyday is not a pressure group‚ but we have to act and the time to act is now. We are determined to challenge the existence and legality of forced retirement. It’s what people approaching retirement want; it’s good for business‚ good for the economy and good for society.”

The Government has 21 days to submit a response to Heyday’s application to the High Court. If permission is granted for the case to proceed‚ a full oral hearing will take place‚ most likely in early autumn.

Heyday is asking anyone who wants to support them with the campaign to sign a petition via their web site – www.heyday.org.uk

Ends
* Those born between 1946 and 1965‚ when birth rates rose sharply.

Note to editors

About the litigation
The Employment Equality (Age) Regulations 2006 come into force on 1st October 2006. They implement a November 2000 European directive outlawing age discrimination in employment and adult education (Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation)

In December 2004‚ the Government announced the law would include major restrictions on the protection available to people over the age of 65. All employers will be able to force employees to retire at or after 65 and will be able to refuse to recruit anyone over the age of 65.

Heyday believes that by excluding people over 65 from protection the Government has failed to implement the Directive correctly – in breach of their obligations under European law.

The litigation is being taken for Heyday by the trustees of the National Council on Ageing‚ which operates under the names Heyday and Age Concern.

About Heyday
Heyday is a not-for-profit‚ membership organisation‚ backed by Age Concern‚ for all people who are thinking about‚ planning for or in retirement.

By joining Heyday‚ members have access to a toolkit which will help them prepare for and enjoy retirement with confidence. These include:

a comprehensive library of unbiased information to help people make the right decisions;
representation to Government on issues members really care about;
a range of products and services;
offers and promotions with high street brands;
the opportunity to tap into a social network of like-minded people.

To become a member‚ visit www.heyday.org.uk or call 0845 888 22 22.

Heyday has been developed by Age Concern following a long period of research and consultation. The membership scheme model reflects other similar successful organisations across the world‚ including AARP in the US and Dane Age in Denmark.

Statistics
The introduction of Heyday comes as population statistics show that almost half the adult population will be aged over 50 in just 10 years time (source: Government Actuary). As older people are living longer‚ healthier lives‚ they must take greater care in planning their financial‚ social and recreational lives if they are to avoid many of the difficulties being faced today by those in later life. Heyday will provide a catalyst to creating a dialogue with this younger group before it is too late; and focus a national debate on improving the lives of all older people.

About Age Concern
Age Concern is the leading charity in the UK concerned with ageing and older people‚ and works to improve the quality of life for all older people. Nationally‚ it is involved in campaigning‚ policy guidance‚ research and information‚ and through its trading arm‚ Age Concern Enterprises (ACEnt)‚ offers a range of products and services specifically designed for older people. The creation of a membership scheme which attracts a younger audience will allow Age Concern to achieve greater impact in helping prevent many issues facing older people‚ particularly in relation to financial and health matters.