Openbrief - an update service from Lupton Fawcett LLP

Date set for retirement age challenge

Regular readers will be aware of the Heyday challenge to forced retirement at age 65.

We now understand that the case is to be heard before the European Court of Justice on 2 July 2008, although a final judgement is not expected before the end of the year.

In the meantime employers can continue to require employees to retire at age 65 by following the statutory notification procedure.  However there is a risk that any resulting employment tribunal claims will be stayed pending the outcome of the Heyday challenge.

Doug Hart, Lupton Fawcett LLP

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