Compulsory retirement age setback

My Account
Logout

Create an Evening Standard Account

Use your social network

Save time by using your existing account to sign in to Evening Standard

We'll never share your information or post anything to your account without your permission

Welcome! Sign in here

Use your social network

Save time by using your existing account to sign in to Evening Standard

We'll never share your information or post anything to your account without your permission

Forgot your password ?

Registration

* indicates fields that are mandatory

Email *

Password *

Confirm Password *

First name *

Surname *

Postcode *

Country *

Mobile phone number

Username *

Gender *

Year of birth *

When you sign up...

You will have access to all our online competitions, discounted offers and can post comments on our site.

You will also receive The Weekender newsletter sent every Thursday - it’s full of fantastic offers and ideas for the weekend. You can update your email preferences in your account page when you log in.

Other newsletters and emails

Homes & Property Newsletter - Yes I want to receive the weekly email with all the latest news on property in the capital

Occasionally we would also like to send you relevant emails detailing specific offers either from ourselves or carefully selected partners. If you would prefer not to receive these then please tick the appropriate boxes below. We will never pass on your details.

I do not want to receive additional offers and information from the Evening Standard

I do not want to receive additional offers and information sent by Evening Standard on behalf of carefully selected partners

Terms and Conditions

* I have read, understood and agree to be bound by the terms and conditions of Evening Standard

Registration

Mail Sent for Registration Confirmation.

A confirmation email has been sent. Please activate your account by clicking on the activation link sent in your mail box.

An Advocate-General at the European Court of Justice in Luxembourg rejected Age Concern's claim that compelling people to stop work at or after 65 without compensation breaches EU equality requirements.

The legal opinion is a blow to hundreds of people forced to retire against their wishes who are claiming compensation through UK employment tribunals.

About 260 cases are already on hold in tribunals, awaiting the outcome of the Age Concern test case, and thousands more claims could follow from pensioners forced to retire against their will.

But the Advocate-General has now argued that a fixed retirement age is not necessarily contrary to EU rules.

Lawyers for Age Concern told a hearing earlier this year that the UK Employment Equality (Age) Regulations breach the EU's Equal Treatment Directive, which bans employment discrimination on grounds of, amongst other things, age.

The UK Regulations, introduced in 2006, do ban discrimination on grounds of age, but excludes pensioners, who can be dismissed at 65 without redundancy payments, or at the employer's mandatory retirement age if it is above 65.

Government lawyers insisted the exception was a matter for national rules, and the situation of retirement age workers should not be governed by the EU Directive.

One of Age Concern's member organisations, Heyday, took the case to the High Court, which sent it to the EU court for a ruling.

In the "opinion", the Advocate-General, Jan Marzak, agreed with Age Concern that UK rules on mandatory retirement are covered by the EU Directive. But he made clear that discrimination on grounds of age could be justified in certain circumstances. It is not legally binding, but is followed by the EU judges in about 80% of cases. The final verdict is due in about six months.