RETIREMENT COURT DECISION WELCOME - MEP

5.43.31pm GMT Wed 6th Dec 2006

The MEP who first helped to ensure that age discrimination was outlawed across the EU has welcomed the decision of the High Court to refer a legal action against the UK's Mandatory Retirement Age to the European Court of Justice (ECJ).

Following the decision this afternoon, Liz Lynne MEP, Liberal Democrat Employment Spokesperson in the European Parliament and shadow rapporteur for the Employment Directive 2000 that forced the Government to introduce anti age discrimination legislation in the UK, said:

"The High Court decision is very welcome news and an important step towards ending this outdated and unfair practice that means people can be sacked simply because they have reached 65.

"The fact that the Government's lawyers did not contest the proposal that the case should go to European Court is a clear indication that they recognize the strength of this case.

"It is now vital that we get a quick decision from the European Court. A Spanish case on this same issue has been in the court for more than a year now with no decision made; meanwhile thousands of people are losing their jobs unfairly every year.

"We must end the sudden cliff edge of retirement that forces people to stop working at a certain age whether they want to or not, whilst ensuring that individuals still remain entitled to a state pension at an agreed statutory age.

Editor's Notes

Heyday and Age Concern applied for a judicial review of the Government's stance on employment rights for people over the age of 65 and Mandatory Retirement Age (MRA)

It follows the introduction of the Employment Equality (Age) Regulations (2006) that came into force on 1 October and was based on the European Employment Framework Directive 2000 outlawing age discrimination in employment and adult education.

At the moment, the new laws do not offer protection against employers forcing employees to retire at or after 65 or from refusing to recruit anyone over the age of 65.

Liz Lynne MEP was the ALDE Shadow Rapporteur on the directive and was responsible for having age included as grounds for discrimination.

Spain is facing a challenge in the European Court of Justice (ECJ) over retirement laws. The case was lodged with the ECJ in November 2005, but no decision has yet been published. If the ECJ rules that the Spanish law contravenes the Directive, this could have significant consequences for the UK's default retirement age.