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Home > Feature Articles > Heyday Appeal

Heyday Appeal

Email Update 42
On 5 March 2009, the European Court of Justice handed down its decision in the Heyday Appeal.

In email Update 33, we reported that the Advocate General of the European Court of Justice had given a preliminary opinion. You can access email Update 33 by clicking on the link below:

http://www.justemploymentlaw.co.uk/features/Update33

In essence, the European Court of Justice has followed the Advocate General’s opinion and has decided that the United Kingdom’s default retirement age of 65 may be lawful. The reason for this is that the default retirement age of 65 may be justified as a proportionate means of achieving a legitimate aim.

To read the decision of the European Court of Justice for yourself, you can click on the link below:

http://curia.europa.eu/jurisp/cgi-bin/form.pl?lang=EN&Submit=Rechercher$docrequire=alldocs&numaff=C-388/07&datefs=&datefe=&nomusuel=&domaine=&mots=&resmax=100

The case will now go back to the High Court to decide whether lawfully dismissing an employee on grounds of retirement at age 65 is, in fact, a proportionate means of achieving a legitimate aim.

However, the UK Government has given a commitment to review the default retirement age of 65 in 2011. Therefore, the decision of the High Court may not be the last word on the matter!

We will, of course, keep you updated with developments.

If you need any specific advice or guidance regarding matters covered in this email update, or employment law generally, Just Employment Law Ltd is well placed to assist you.