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Statutory retirement ruling in ‘Heyday’ case

In a surprise ruling, the Advocate General has recommended that the case brought by older person’s charity Heyday against compulsory retirement at 65, be dismissed.

With around 260 cases held pending in the UK Tribunals awaiting a ruling, the Advocate General’s opinion means that the ECJ is likely to revert the issue back to the UK High Court to finally give clarity on the matter. In the meantime, employers can continue to fairly dismiss employees when they reach the age of 65, provided that the statutory retirement procedure is followed

(see Plewes vs Adams Pork Produce Ltd. in this months’ legal update).