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The Heyday challenge on age discrimination

As we have previously reported, Heyday, the organisation for those approaching retirement or already in retirement, has challenged the Government on the lawfulness of the UK’s default retirement age of 65 (which requires correct retirement procedures to be followed).

Their argument is based on a claim that the UK law does not fit with the EC law. The ruling is unlikely to occur until late 2008/early 2009.

Another case based on exactly these grounds (Johns v Solents SD Ltd) was initially dismissed by an Employment Tribunal on the basis that they thought a Spanish case would support the view that the default retirement age would be lawful.

However, on appeal it was held the claim should be stayed pending the outcome of the Heyday challenge.

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