For those not aware, the National Council on Ageing has been challenging the UK Government’s 65 default retirement age in the High Court, on the basis that it was not in line with European law.

The case was referred to the European Court of Justice (ECJ). After much deliberation, the Advocate General at the ECJ has now given his opinion on this point and has decided that the compulsory retirement age of 65 in the UK is acceptable on the grounds that it is objectively justifiable.

However, the actual Judgement which will be binding law, will not be made until early 2009 when the ECJ will confirm its Judgement. Following this the issue will be referred back to the High Court.

The Advocate General’s opinion follows the decision in a previous case called a Palacios. Legal opinions and commentary are mixed on what the eventual decision of the High Court will be and the implications of the Advocate General’s opinion. Some believe the 65 retirement age will be scrapped, others see it as a confirmation of the UK Government’s decision to allow employers to retire their staff at 65.

Watch this space!

If you would like to discuss any aspects of this E Alert in more depth, please do not hesitate to contact William Addis, Head of Employment at Clarkson Wright & Jakes on 01689 887834.