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5/9/2010

9 - 13 March 2009


ECJ Decision on Heyday Challenge to statutory retirement age

 

The ECJ has given its judgment in The Incorporated Trustees of the National Council for Ageing (Age Concern England) v Secretary of State for Business, Enterprise and Regulatory Reform (also known as the Heyday Challenge).  In this case, the ECJ considered the validity of the UK's statutory retirement age of 65.

The ECJ held that, in principle, a statutory retirement age of 65 can be justified.  The case will now return to the House of Lords who will have to determine whether current law, which allows the retirement of workers at the age of 65, can be justified.

 

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Age bar of 36 for Air Traffic Controllers not justified

 

In Baker v National Air Traffic Services Limited, a tribunal found that a blanket ban on anyone aged 36 or over applying to become a trainee air traffic controller was direct age discrimination that could not be justified

 

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