The ECJ has held that the UK's retirement provisions under the Employment Equality (Age) Regulations 2006 do fall within the scope of the Equal Treatment Framework Directive. The High Court now has to decide whether the retirement of workers at the age of 65 is justified by a legitimate aim and if the means of achieving that aim are appropriate and necessary.
This decision mirrors the Advocate General’s opinion delivered in September 2008 when he confirmed there is no requirement for national law to set out treatment that may be justified and that there was no difference in the Directive between the test for justification in respect of direct and indirect age discrimination.
Hopefully further clarity will follow in time.
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