Following the Court of Appeal’s decision in the case of Johns v Solent all tribunal claims challenging a compulsory retirement will be stayed pending the outcome of the ‘Heyday’ case

The European Court of Justice has decided that national laws on compulsory retirement at a particular age must be justified in order to be lawful.

The Advocate General has given an opinion stating that the compulsory retirement age of 65 in the Age Discrimination Regulations is potentially legal under EU law.

The statutory retirement procedure which, if correctly followed, protects an employer from unfair dismissal and/or age discrimination claims, only applies to employees.