LTB 732/2008 - Age Discrimination Legislation Retention Beyo

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LTB 732/2008 - Age Discrimination Legislation Retention Beyond 65

TO ALL BRANCHES WITH POSTAL MEMBERS





Dear Colleague


RE: Age Discrimination Legislation Retention Beyond 65



Further to LTB 049/2008 dated 25th January 2008 we have received information that the European Court of Justice (ECJ) advocate general has ruled against the Heyday challenge to the UK’s compulsory retirement age of 65.



Although this ruling is not binding, the advocate general’s opinion may be an indication of the European Court of Justice’s decision, expected in December or January. As you are no doubt aware the legal challenge was launched by Heyday, a spin off of the charity Age Concern. According to the Employment Tribunals Service about 260 cases in England, Scotland and Wales are awaiting a ruling on whether forcing workers to retire at 65 is unlawful. The CBI has continually argued that a normal retirement age of 65 is an essential management tool, and that employees have the right to ask to work beyond that age. The CBI continued to state that employers have a duty to consider such requests and this system has proved to be a success. Heyday continue to argue that the current rules were costing good workers their jobs.



There are a number of employment lawyers who are offering opinions in respect of the advocate general’s decision however, what is clear is that we will not know the actual outcome until the European Court of Justice itself has ruled and as stated earlier that is likely to be in the new year and could include the possibility that the case will be referred back to the UK courts on the justification point.



Branches should continue to make our members aware that they have the right to apply for an employment tribunal based on age discrimination and in line with the previous instruction that employment tribunal must be stayed pending the outcome from the European Court of Justice.



Any enquiries to Ray Ellis’s office, quoting reference PTC/MA/dj/035.
Email address: rellis@cwu.org

Yours sincerely




Ray Ellis,

Assistant Secretary