Will people over 65 have their Heyday?

The Advocate-General (a senior legal adviser to the European Court of Justice) has recommended that the European Court dismisses Heyday's challenge against UK law

Heyday (which is part of Age Concern) argues that setting an age limit for retirement discriminates against people on the grounds of their age. Since 2006, age discrimination has been unlawful in the UK, but an exception to the rules allows employers to compel workers to retire at 65. It is that exception that Heyday is in the process of challenging on the basis that it is contrary to EU law.
As with any issue, there are two sides to the argument. The Confederation of British Industry argues that a normal retirement age of 65 is an essential management tool and has pointed out that employees can ask to work beyond that age, should they wish to do so. In line with that view, their director of employment, Katja Hall, has commented that the Advocate-General's opinion takes a "sensible and fair" approach.

Age Concern, being pro-employee, is less impressed by the Advocate-General's opinion. Representatives of that organisation have commented that "Millions of older workers in the EU will be fuming that the Advocate-General thinks ageism counts for less than other forms of discrimination" and have stated that the current rules are "costing good workers their jobs".

The Advocate-General's view could influence the judges of the European Court, who are expected to give their ruling in the case just before Christmas. Around 260 Employment Tribunal claims are currently stayed in Britain awaiting the result.