Age rights case to be taken to Europe

A CASE is to be taken in the European Court of Justice which could lead to thousands of claims against public sector employers for unfair dismissal.

The High Court in Britain has referred a challenge to the European Court of Justice against age discrimination law that allows public sector employers to force staff to retire at 65.

The challenge was taken by Heyday, a British organisation which supports the rights of the elderly.

It said Mandatory Retirement Ages in the public sector are ageist and discriminatory.

“The judicial review is challenging the decision to permit Mandatory Retirement Ages (MRAs) which allows employers to force workers into retirement,” a spokesman for Heyday said. “The judicial review will mean the European Court of Justice will scrutinise the legality of the Employment Equality (Age) Regulations (2006), which Heyday believes contravene the European Equal Treatment Directive by leaving people over 65 without the right or choice to work.”

The decision of the European Court of Justice, expected within the next 18 months could have significant effect countries across Europe including Ireland.

In this country the Equality Bill introduced in 2004 does not stop compulsory retirement ages and upper age limits being set by employers, though employers have to prove the age restrictions are reasonable.

In Britain, 56,000 people in their 50s and 60s replied to a survey by Heyday.

It found that 23% of respondents had already been forced into retirement by their employer and 58% said they would like to be able to work after the state pension age.

The fear among employers bodies is the risk that the will be retrospectively challenged for age discrimination and unfair dismissal, something which could lead to legal bills in the millions.

The Irish Equality Authority’s chief executive Niall Crowley said they would wait with interest for the outcome of the European Court of Justice case.

He said they had numerous cases on their files in relation to the gaps between Equality Act 2004 and the European Framework Directive which takes precedence over Irish act.

He added however that as the cases had not been heard, the authority had no definitive guidelines on it.