The president of the employment tribunals (England and Wales) has ordered that all claims raising the issue as to whether regulation 30 of the Employment Equality Age Regulations 2006 is contrary to the EC Equal Treatment Framework Directive be stayed pending the European Court of Justice’s decision in the Heyday case. Regulation 30 permits employers to dismiss employees who have reached a normal retirement age. The order to stay such claims was made following the decision of the Employment Appeals Tribunal (EAT) in Johns v Solent SD Ltd. In that case, Mrs A Johns complained about her forced retirement at age 70. The tribunal struck out her claim on the basis it had no reasonable prospect of success. However, the EAT held that if the Heyday challenge is successful and regulation 30 is declared to be impermissible under the Directive, Mrs Johns’ claim does have good prospects of success. The employer in that case has been given leave to appeal to the Court of Appeal (CA). The president will review his order once the CA’s decision is known.
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Retirement claims under Age Regulations stayed
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