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Judge refers Heyday legal case against Government over Mandatory Retirement Ages to the European Court of Justice

Heyday‚ the membership organisation for people in or nearing retirement‚ today gave a warm welcome to the decision by the High Court that its legal action against the Government over Mandatory Retirement Ages (MRAs) should be referred to the European Court of Justice (ECJ).  The case was heard in the High Court on 6 December.

In a highly unusual move the Government’s lawyers did not contest Heyday’s proposal that a reference should be made to the European Court.  Heyday argued that its action to overturn the Government’s legislation on forced retirement would turn on the interpretation of European law‚ so could only be finally resolved by the ECJ.  Instead of defending their position in the High Court the Government has accepted the arguments in favour of a reference to Europe.

Commenting on today’s outcome of the High Court hearing‚ Ailsa Ogilvie‚ Director of Heyday said:

“The referral of our case to the European Court of Justice is recognition of the importance of our legal challenge and we welcome the opportunity to seek a definitive ruling.  The prompt reference to the ECJ means that we will achieve the earliest possible resolution on behalf of the tens of thousands of workers who are forced into retirement each year.

“We’re delighted that the Government came around to our view that there should be a reference to the European Court of Justice‚ asking it to resolve a number of questions of European Law in relation to our claim.
 
 “The UK was one of the last countries in Europe to enact the European directive outlawing age discrimination in employment - and we believe the Government got it wrong. 
  
“For the many people who have been victims of pension changes‚ who don’t have a decent pension or who need to continue earning money after 65 for whatever reason‚ the right to work free from discrimination is not an optional extra‚ it’s something they need.  

“We hope that the ECJ will declare that the UK’s new law does not fully implement the European Directive outlawing age discrimination.  This finding would mean that the Government would be forced to amend the legislation to give workers over-65 the same protection from discrimination that younger workers have.”

ENDS

Notes to editors:

About the litigation
The Employment Equality (Age) Regulations 2006 came into force on 1st October 2006.  They implement a November 2000 European directive outlawing age discrimination in employment and vocational training (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 lawfully be able to force employees to retire at or after 65‚ as long as they follow the correct procedure‚ 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 its obligations under European law.

The judicial review application has been made by the National Council on Ageing‚ which operates under the names Heyday and Age Concern. We have instructed Irwin Mitchell solicitors (Andrew Lockley‚ Kate Fletcher and Liesel Whitfield). Barristers acting in the case are Robin Allen QC and Declan O’Dempsey. 

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

By joining Heyday‚ members will be given 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;
• specially tailored great value 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.

 

For further information‚ case studies and interviews with spokespeople contact:

Heyday Newsroom
Tel:  020 7440 2425
Email:  heyday