Bindmans Employment Law Solicitor Nick Fry reviews two recent age discrimination cases
Date: 4 December 2012
Since 6 April 2011 it is no longer automatically lawful to retire an employee at the age of 65. The ‘default retirement age’ in England and Wales has been abolished thorough amendments to key employment legislation. The purpose of the change was to implement the European Employment Equality Directive which clearly states that the principle of equal treatment means that “there shall be no direct or indirect discrimination whatsoever…” on prohibited grounds including age.
In an article in DLA Briefings, the Discrimination Law Association’s publication, Bindmans employment law solicitor Nick Fry reviews two recent decisions of the European Court of Justice (ECJ) concerning claims of indirect age discrimination. The first claim related to remuneration arrangements for a private airline, Tyrolean Airways; the second, to Sweden’s compulsory retirement age. In both cases the ECJ returned to the European Equality Directive to determine whether the provisions against age discrimination had been breached.
Please click below to view the article:
Tyrolean Airways and Hornfeldt: age discrimination and the Employment Equality Directive, Nick Fry, Solicitor, Bindmans LLP (Discrimination Law Association briefings Volume 47, November 2012)