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.
Visit www.lawgistics.co.uk or call 0870 26 77 118 for more information.