Monday, August 18th, 2008
Nowadays, most employers are aware that they are required to inform their employees of their right to request to work beyond the age of 65. But age discrimination law may be developing yet further. This is as a result of the European Directive which the Age Discrimination Regulations 2006 put into UK law.
There is an argument being fought, that the right of employers to decline their employee’s requests is incompatible with the European Directive. If so, the Age Discrimination Regulations 2006 will be changed.
HeyDey (part of Age Concern) referred this question to the European Court of Justice in July 2007, and we should know the European Court’s findings by early 2009.
HeyDey may be unsuccessful in their challenge. A recent ruling on a similar provision in Spanish law, stated that the right to refuse such requests was justified as ‘a proportionate means to achieve a legitimate aim.’ It was therefore compatible with the European Directive.
But that was Spain. The European Court may decide that what is justifiable or proportionate in Spain is not so in the UK.
This is an area which employers should watch, and consider implementing policies. In this way employers are able to reduce their legal liability by dealing with their employees consistently, making it harder for any discrimination claim to arise, or be substantiated.
To discuss implementing employment policies, or employment issues, call Jonathan Friend now. Mention this article to get a free 15 minute consulation.
© Copyright 2008 Burt Brill and Cardens Solicitors