Age Discrimination Retention Over 65

[lovejoy]

Further to LTB 732/2008 branches should be aware that the European Court of Justice has recently ruled that Britain’s compulsory retirement age would have to be defended by the Government in the High Court.

Although this ruling would allow Government to continue to retire people at 65 they must meet a “high standard of proof” when claiming that employers should be allowed to force staff to stop working on the grounds of their age alone. Employers must now have a legitimate aim linked to social or employment policy. Branches should be aware that whilst this is not a decision welcomed by Heyday or Age Concern it is not the end and it will be left to the High Court to decide whether the aims of the Government are “legitimate”.

A Barrister at Cloisters is quoted as saying “This is a real step forward because the court says that a high standard is required despite the fact that member states are allowed to choose their own social policy objectives. When this case goes back to the High Court therefore the onus is on the Government to prove that discriminating against the 65 and overs can be justified. The battle really is still on”.

Having discussed the decision with our legal advisors we are still of the view that any member who is forced to retire at 65 should continue to apply for an employment tribunal and challenge the business’ decision. We have been advised that all tribunals submitted will be held in abeyance until the High Court’s final ruling based on this decision. It will also be our intention to write to the business seeking their social and employment policy objectives.

We will continue to monitor the judgement and will advise branches if there are any further developments.

Any enquiries to Ray Ellis’s office, quoting reference PTC/MA/dj/035.
Email address: rellis@cwu.org

Yours sincerely

Ray Ellis,
Assistant Secretary

[dvbuk55]

That's a positive attitude to retirement - I am 63 and although I plan to retire on or before 65, there are many people I am sure who would relish staying on beyond their 65th birthday. I suppose there is a finality about giving up work forever - I have several siblings who have worked beyond their 65th birthday, my sister is 70 and still works part time and an elder brother of 73 who has finally retired just today and my mother worked until she was 76. Oddly enough going beyond 65 seems to be more prevalent in women than men or is that just my experience?

I met an ex- colleague, from a former employer, in the supermarket today, he was an accountant and is now 67 - he retired 15 years ago and has not worked a day since - he didn't seem to have aged at all and it must be almost 15 years since I last saw him. He seemed to be perfectly happy to do nothing, when I tried that I was back in work inside 6 months. It isn't just the work, I don't think, but the stimulation that being around others engenders.

[baldrick]

Or being away from the 'other half' for most of the day?

[dvbuk55]

Or being away from the 'other half' for most of the day?

On reflection I may well stay on til I'm 90