Age discrimination cases on hold

The president of the Tribunals Service, Judge Meeran, has announced that all cases relating to dismissal on grounds of retirement arising under Regulation 30 of the Employment (Equality) Age Regulations 2006 are being stayed until the European Court of Justice rules on the legality of UK retirement law. The pending case of R (on the application of the Incorporated Trustees of the National Council on Aging) v Secretary of State for Trade and Industry (known as the Heyday case after Age Concern’s membership organisation), which will not be decided until 2009. It will determine whether UK rules on age discrimination, allowing employers to retire staff forcibly at the age of 65, breaches an EU Directive. The New Law Journal of 23 November quoted Rachel Dineley, the head of the national diversity and discrimination unit at Beachcroft LLP as saying that the decision muddies the retirement age waters once again and will come as an unwelcome surprise to employers who are left in difficulty when it comes to retirement, uncertain as to whether they will be accused of age discrimination. Employees, on the other hand, will require little time and effort to lodge a claim, which will then be stayed until the Heyday decision.