Floodgate of mandatory retirement tribunal cases on the horizon

Age discrimination campaigning charity ‘Heyday’ part of Age Concern, has called for members of the public to provide their accounts of forced retirement. The charities legal challenge in 2006 to the Mandatory retirement age is now gathering serious momentum.

Heyday and Age Concern believe that the UK law on age discrimination breaches the requirements of the European Directive on Equal Treatment in Employment because it leaves people over age 65 without the right to choose to continue to work..

The charity is advising that anyone being forced to retire in the last three months, or has a forced retirement pending may still make a successful claim at a tribunal.  This is because The President of the Employment Tribunals made a direction in November 2007 to all tribunals that all relevant retirement cases should be stayed pending the outcome of the "Hey Dey case". Then, if the law changes as a result of the case, claimants may be able to claim compensation for age discrimination and unfair dismissal.

Human resources website Personnel Today has reported that the case will be heard in less then a month by the European Court of Justice. If the legal challenge is successful many who have put in claims awaiting the outcome of the case will be successful, opening a floodgate of further claims.


Posted by Asif Yusuf

Publisher of Diversity Link



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