Age Concern undeterred by ruling on age discrimination

Campaigners are persevering with an age discrimination test case against the UK government, despite a decision made by the European Court of Justice.

 Following the ruling that mandatory retirement ages are legal, Age Concern has reiterated its determination to press ahead with its own legal challenge. In January 2006, Age Concern, under the banner of its offshoot Heyday, applied to the High Court in an attempt to have parts of the new age regulations relating to mandatory retirement ages ruled unlawful.  The decision was referred to the European Court of Justice, and is yet to be heard. Gordon Lishman, director general of UK charity Age Concern says:  

“It's disappointing that the Palacios case has not succeeded ... However, this decision will not set back the legal case that Heyday – supported by Age Concern – is bringing to the European Court of Justice.

“There are significant distinctions between the Heyday case and the case of Felix Palacios. The legal advice we are hearing is that Heyday should forge ahead with its case, undeterred.

“We remain hopeful that the European Court of Justice will agree with Heyday's interpretation of the EU Directive in finding parts of the regulations relating to mandatory retirement age unlawful. Forcing an ageing workforce, to retire on the grounds of age alone is unlawful, discriminatory and absurd.”

In particular Heyday is concerned that the UK regulations permit employers to set their own retirement provisions, including choosing a mandatory retirement age that is not set by the state or by collective agreement, and that the regulations prevent UK employees from taking their employer to a tribunal if they are dismissed at 65, so there is no way of legally challenging any decision to dismiss them.