Challenge to Age Discrimination Regulations!
by Philip
This challenge, if successful, will have employment lawyers, hr practitioners and possibly the government tearing their hair out for creating uncertainty.
Before the ink is barely dry on the Age Discrimination Regulations, an organisation associated with Age Concern, called Heyday, has lodged a Judicial Review Application challenging the Regulations.
The nub of their argument is that the Regulations impose retirement at 65 which is contrary to the parent EC Directive.
The case is due to be heard on December 6th, so we will keep you posted when an outcome is known.
In the meantime the policy arguments for not enforcing retirement at 65 are at pages 8 and 9 of this policy document.
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The difficuly here as I see it is that if a woman over the age of 60 has a baby (a 63 year old woman gave birth in 1997)! does she claim SMP if she’s still at work or does she get shown the door as she is of retirement age or can this be taken to a tribunal as the employee will have been picked on whilst being pregnant
BOSSOG said at November 7th, 2006 at 1:12 pm
She would be able to claim SMP like any other employee if she was pregnant (leaving aside questions about whether those over 60 should be having children) and she should not be dismissed because of her pregnancy otherwise she would have been discriminated against on the grounds of her sex. If she is under 65 then an employer would be unwise to attempt to retire before 65 in most circumstances.
Sarah Graburn said at November 7th, 2006 at 3:31 pm