Age Concern’s challenge of the UK Law, which since 2006 has permitted employers to force employees to retire at 65 has been initially rejected by a European Court's Advocate-General. The Advocate-General has recommended that the European Court dismisses Age Concern’s challenge to the lawfulness of employers terminating the employment of employees aged 65 or over on the grounds of retirement.
Age Concern claimed this is discriminatory and that specific categories of conduct to justify a decision should be defined within the regulations. The Advocate-General recommended that specific defined categories are unnecessary and a general justification is legitimate. The opinion from the Advocate-General is not binding but it could influence the European Court judges who are expected to give their ruling on Heyday before the end of the year.
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