ECJ’s ruling is Hayday ‘behind the times’ according to the EFA
The Employers Forum on Age (EFA) are disappointed by the ECJ’s recent ruling in the Heyday case that the national default retirement age of 65 is permissible under EU law as long as it can be justified. The EFA believe it shows that both the ECJ and the Government are behind the times as employers operating without a retirement age have reported significant business benefits.
Commenting on the ECJ’s ruling in the Heyday case, Catharine Pusey, Director of the Employers Forum on Age said “”We are disappointed, though not surprised, by the judgment. This further proves that both the ECJ and Government regulations are completely behind the times in recognising the changes and pressures in the modern workforce and society. Meanwhile, enlightened and forward-thinking employers are moving ahead and promoting policies which make no assumptions about people’s employability based on age.”
Ms Pusey added that the EFA works with a number of employers, including B&Q, Hertfordshire County Council and the Department for Work and Pensions, who report that operating without the default retirement age has resulted in significant business benefits: filling skills gaps, keeping valuable members of their workforce, and having a better connection with their diverse customer base.
The EFA believe that the time it will take for the case to reach the High Court to decide whether the default retirement age can be objectively justified by the UK Government will result in yet another delay in the way of the changes needed to stop this barrier to longer working lives.
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