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'Stay' on Mandatory Retirement Tribunal Cases Ordered
The Age and Employment Network
13 November 2007
Please be advised that the President of the Employment Tribunal Service in England and Wales has ordered a 'stay' on hearing all mandatory retirement age claims regarding Regulation 30 of the 2006 Regulations currently lodged with Tribunals pending the decision of the European Court of Justice in the Age Concern v Secretary of State case (a.k.a the 'Heyday' challenge). The 'stay' also applies to any such cases which are lodged in the meantime.
The decision will be reviewed when Judgement is given by the Court of Appeal in a case (Johns v Solent SD) concerning this issue - assuming that the case is heard before the ECJ gives its decision but that is now thought to be unlikely before Spring 2009.
Anyone who is subjected to the 'fair retirement procedure' and forced to retire by their employer at age 65 or later, may wish to lodge a tribunal claim in order to preserve their rights should the ECJ rule against the UK Government's imposition/introduction of the default retirement age within the Employment Equality (Age) Regulations 2006.
Because of the time that is likely to elapse before these cases are resolved, there may be little chance that even if the ECJ should rule in favour of the Heyday Challenge, any individual forced to retire would get their job back.
However, a tribunal could award compensation for unfair dismissal and might, in some circumstances, award compensation and re-engagement. After all, it is not as though the employment relationship has irrevocably broken down - merely that their employer decided that on their 65th birthday the individual had reached their use-by-date.
Arpita Dutt partner in the award winning employment department comments on this.
"Although it is disappointing that there will be such a delay, individuals can take heart from this decision, since it is clear that there are real prospects of Heyday's case succeeding at the ECJ. This stay would not have been ordered otherwise."