Irwin Mitchell fights government’s age discrimination stance

Irwin Mitchell is facing the government in the High Court today (Wednesday 6 December) on behalf of people over 65 who want to carry on working.

Partner Andrew Lockley is acting for Age Concern’s membership organisation for those in or near retirement, Heyday, which is challenging the government’s implementation of the European directive on equal treatment in employment.

Heyday believes that because the UK’s new age discrimination legislation gives employers the right to force people to retire at 65 this leaves older employees without the choice they are entitled to under European law.

Lockley has instructed Cloisters Chambers’ head of chambers Robin Allen QC, supported by discrimination specialist Declan O’Dempsey, for Heyday.

The Department of Trade & Industry has brought in Blackstone Chambers’ public law expert David Pannick QC and employment specialist Dinah Rose QC to argue the government’s case.

The hearing takes place today as a rolled-up hearing, meaning that Mr Justice Davis will first decide whether to give permission for the judicial review and then proceed to a full trial if permission is granted.