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Heyday: the end of the beginning

Heyday The view which is being put forward here is that age discrimination is less serious than race or sex discrimination and the Government has largely got it right in terms of European law. Furthermore, it leaves the possibility for "justifying" age discrimination in any case wide open. However, it is far from certain at this point whether this opinion will be followed by the European Court of Justice. There is clearly a jurisprudential fight within the Court of Justice on the nature of age discrimination. In a recent age discrimination case from Spain [Palacios] the ECJ did not follow the entire opinion of the Advocate General. Furthermore, the case now has to return to the High Court where the Government still have to win the main case and justify forcible retirement at 65 and over as a legitimate aim. “The advice for employers at this point therefore remains the same: proceed with caution.

25-Sep-2008

12:35 pm