On 23 September the Advocate General in the Heyday appeal said that having a mandatory retirement age is not of itself a breach of European law, but made it clear that any mandatory retirement age still has to be justified. His decision is however not binding on the ECJ whose decision is expected later this year. The question that still remains to be answered is what the mandatory retirement age should be? Yes, it is okay to have a law that says employees can be forced to retire at some age – but why should it be 65 as opposed to 66, 70, 75 etc? With increasing longevity of employees and an ageing workforce putting more pressure on the pension system, the issue of what compulsory retirement age can be justified is very much a live one.