In a masterpiece of timing the High Court has set a date for the legal challenge to the regulations.
The judicial review has been brought by Heyday, the membership organisation for people in or nearing retirement, and the hearing is set for December 6 – early in legal terms.
And in another unusual move, the court is set to hear the case as a ‘rolled up’ hearing. Normally, the application for judicial review is heard first and then a separate date set for the full hearing. But in this case, if the application is given the green light, then the full trial will follow straightaway.
Heyday is challenging the decision to permit mandatory retirement ages (MRAs), which allow employers to force work into retirement.
The judicial review means that the High Court will scrutinise the legality of MRAs, which Heyday believes, contravene the European Equal Treatment Directive by leaving people over the age of 65 without the right to work if they choose.
Heyday argues that the government has failed to implement the European Equal Treatment Directive correctly, in breach of its obligations under European law.
Ailsa Ogilvie, director of Heyday said: “From October age discrimination in the workplace will be illegal under new government legislation – unless you’re 65, that is.
“It is high time for the government to adopt some good old fashioned common sense and scrap forced retirement. Right now the government is sending a simple message to over-65s, that they are not worth having in the workplace. It needs to think again.
“This legal action is not something we have entered into lightly. There is no good reason, politically, socially or economically, for the Government to permit forced retirement ages. We hope the court will accept that the legislation flies in the face of European anti-discrimination laws.”
Heyday says that mature workers are good for business and good for the economy. According to government figures:
- Company profits would rise between £50m and £110m if forced retirement was scrapped.
- The Government estimates that if people were able to work beyond 65 it would pump between £230m and 520m into the economy; Heyday thinks it could be more.
