Age discrimination - the retirement age of 65

Employers can still use the retirement age of 65 following the recent High Court
judgment in the case commonly referred to as Heyday. Heyday was an organisation
originally connected with Age Concern, which is now known as Age UK.

The case concerned the judicial review of the Employment Equality (Age) Regulations 2006 by the High Court. Age UK argued that the Regulations were in breach of the European Framework Directive, prohibiting age discrimination in employment.

Following the decision by the European Court of Justice in March this year that it was possible to have the retirement age of 65, if it can be objectively and reasonably justified, the High Court held that the regulations were lawful, and there was a legitimate social policy aim for the designated retirement age of 65 (referred to as the “DRA”) when it was set in 2006.

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