Compulsory retirement ‘is not discrimination’, judges rule

-

The European High Court of Justice has ruled that Britain’s compulsory retirement age can stand, though only so long as it served a "legitimate" aim related to social or employment policy.

Prompted by a case brought before the Luxembourg court by UK charity Age Concern, which argued that enforced retirement at the age of 65 represents age discrimination, the judges noted that employers are still permitted to treat staff differently in some instances.

The court concluded that requiring a person to stop work at a certain age does not amount to discrimination, so long as the move is "objectively and reasonably justified by legitimate aims, such as those related to employment policy, the labour market or vocational training".

Despite this ruling, the final decision on enforced retirement ages in the UK will still lie with a British judge.

HRreview Logo

Get our essential weekday HR news and updates.

This field is for validation purposes and should be left unchanged.
Keep up with the latest in HR...
This field is hidden when viewing the form
This field is hidden when viewing the form
Optin_date
This field is hidden when viewing the form

 

Meanwhile, around 260 cases are still pending in UK employment tribunals, with thousands of pensioners likely to seek compensation for unfair dismissal should the High Court eventually rule that compulsory retirement based purely on age is unjustified.

Latest news

Helen Wada: Why engagement initiatives fail without human-centric leadership

Workforce engagement has become a hot topic across the boardroom and beyond, particularly as hybrid working practices have become the norm.

Recruiters warned to move beyond ‘post and pray’ as passive talent overlooked

Employers risk missing most candidates by relying on job boards as hiring methods struggle to deliver quality applicants.

Employment tribunal roundup: Appeal fairness, dismissal reasoning, discrimination tests and religious belief clarified

Decisions examine appeal failures, dismissal reasoning, discrimination claims and religious belief, offering practical guidance on fairness, causation and proportionality.

Fears of AI cheating in hiring ‘overblown’ as employers urged to rethink assessments

Employers may be overstating concerns about AI misuse in recruitment as evidence of candidate manipulation remains limited.
- Advertisement -

More employees use workplace health benefits, but barriers still limit access

Many workers struggle to access employer healthcare support due to confusion, costs and unclear processes.

Gender pay gap in tech widens to nine-year high as AI roles drive salaries

Women in IT earn less as salaries rise faster in male-dominated AI and cybersecurity roles, widening pay differences.

Must read

Alicia Navarro: Email apnoea is destroying your productivity

Your heart rate and blood pressure increase, and your blood vessels constrict. Your digestive system gets subdued, while your pupils dilate as you switch into life-saving mode - all because you opened your email. Alicia Navarro says this doesn't have to be the case.

Jonathan Amponsah: How can HR make Christmas Tax Deductible

Jonathan Amponsah, award winning tax adviser, crunches the christmas numbers for a tax-deductible Christmas.
- Advertisement -

You might also likeRELATED
Recommended to you