The Court of Appeal has confirmed in the case of Johns v Solent that cases which raise the same issue as the Heyday case in the ECJ should be stayed (not struck out).
This means that where Claimant brings a claim of age discrimination in respect of a retirement dismissal at age 65, the case should be stayed notwithstanding that regulation 30 of the Age Regulations appears to make such a claim impossible.
In the Heyday appeal, Age Concern is challenging the legitimacy of regulation 30 ( where the dismissal of a person is not unlawful at or over the age of 65 where the reason for the dismissal is retirement), arguing that it is incompatible with the Equal Treatment Framework Directive. If it is indeed found to be incompatible, then the government will need to objectively justify a mandatory retirement age of 65.
Tags: Add new tag, age discrimination
