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31st July 2008

NEWS IN BRIEF

Ageing Process

In an important victory for older workers, the Court of Appeal said recently in the case of Johns v Solent that employees dismissed because of their age can appeal against the decision.

Mrs Johns, who was forced to retire by her employer in March 2007, challenged the decision. She has now won the right for her case to be put on hold until the law is clarified by the European Court of Justice in a challenge against the UK age regulations brought by Heyday (an offshoot of Age Concern).

If that challenge is successful, people forced to retire will be able to claim compensation for age discrimination and unfair dismissal. Heyday says that the UK Government did not correctly implement the EU directive on which the age regulations were based. The challenge at the High Court has been referred to the European Court of Justice which is expected to publish its judgement before the end of the year.

The Court of Appeal has confirmed that cases that raise the same issue as Heyday should be stayed although regulation 30 makes such a claim impossible. If the ECJ finds in favour of Mrs Johns, the government will have to objectively justify a mandatory retirement age of 65.

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