Biggart Baillie Solicitors

Ideas & Insights

Age Discrimination Update

29th September 2008 

The Advocate General issued his Opinion in the Heyday* case, which confirms that the Employment Equality (Age) Regulations 2006, which permits employers to dismiss employees aged 65 by reason of retirement, is compatible with European Law and is therefore lawful.

 The Advocate-General also noted the following:

  • the test for determining the compatibility of the Regulations’ default retirement provision and European Law is
    • whether or not the less favourable treatment is ‘a proportionate means of achieving a legitimate aim’. 
  • the test for determining whether direct discrimination is justified is
    • whether the means employed to achieve a legitimate aim are ‘appropriate and necessary’. 

The European Court of Justice will have to make a ruling on the case (which is expected early next year) and will have to ratify the Advocate General’s Opinion if this is to be endorsed.

 

*The Incorporated Trustees of the National Council on Ageing (Age Concern England) v Secretary of State for Business, Enterprise and Regulatory Reform

For more information, please contact:

Glasgow:  Paul Brown or Michael McLaughlin - tel:  0141 228 8000

Edinburgh:  Alan Strain - tel:  0131 226 5541

The information contained in this article is given for general information only and does not constitute legal advice on any specific matter.