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The President of the Employment Tribunals has stayed all existing and future claims that are based on the contention that regulation 30 of the Age Regulations (providing for lawful retirement at or beyond 65) is unlawful and against the true intent of the European Framework Directive on equal treatment, until the ECJ has ruled on the Heyday case. The decision is not expected until 2009. The ramifications of Heyday for public sector employees are significant as public sector employers are regarded as bound by the Directive. As such, they may be entitled to backdated claims for age discrimination if the ECJ agrees that Regulation 30 does not properly implement the Framework Directive. In Johns v Solent SD Limited, Mrs Johns was retired over the age of 65 by Solent (a private company) so regulation 30 applied. She brought a claim for age discrimination and Solent, as a private employer, attempted to have her claim struck out. The EAT agreed to stay her claim pending the outcome in Heyday. The implication is that private employers also now face the risk of claims if employees are compulsorily retired at age 65; such claims will be put on hold but the concern is now that not only public sector employers need fear the Heyday outcome. Solent has been given leave to appeal so watch this space.