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 of the ECJ's decision.
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