Today, the European Court of Justice announced its decision in the case known as the Heyday Challenge which concerned the legality of compulsory retirement for those over the age of 65.

The ECJ, in a decision which essentially mirrors the Advocate General’s opinion reported by us in detail on our website in October 2008, confirmed that the Employment Equality (Age) Regulations 2006 fall within the scope of the Equal Treatment Framework Directive (No.2000/78). Consequently the case will now return to the High Court to determine whether the aim or purpose of the provisions permitting compulsory retirement were appropriate and necessary.

Simon Thomas, partner specialising in Employment Law comments "At the present time, many Employment Tribunal claims dealing with compulsory retirement have been suspended pending this judgment and will probably remain in abeyance until the High Court has ruled. This isn't the end of the matter and we will keep the website updated as and when news unfolds".