Heyday – the ECJ decides


On 5 March 2009, the European Court of Justice (ECJ) published its highly anticipated judgment in the Heyday case. The case challenged provisions under the Age Regulations which allow employers to dismiss workers aged 65 or over, provided the reason for dismissal is retirement (and is not otherwise discriminatory). The arguments centred on whether the UK has properly implemented the age discrimination requirements of the European Framework Directive, and whether the so-called default retirement age of 65 is, of itself, discriminatory.

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