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24 July 2009
Issue: 7379 / Categories: Legal News , Discrimination , Employment
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Heyday fuels age debate

Pressure on the government to abandon the national default retirement age (DRA) mounted last week as a landmark case reached the High Court.

In what has become known as ‘the Heyday case’, Age Concern and Help the Aged argued that the national DRA introduced under the Employment Equality (Age) Regulations 2006 fails to interpret an EU Directive against age discrimination correctly. The case returned to the High Court following a European Court of Justice ruling earlier this year that compulsory retirement can be justified only if it is a “proportionate” means of achieving a social policy objective related to employment, such as vocational training or labour market policy.More than 300 employment appeals are on hold until this case clarifies the law.

Last week, the government announced it was bringing forward a review of the DRA, originally scheduled for 2011, to next year. The review will look at ways to give people flexible retirement options.

However, Faith Dickson, partner at niche pension firm, Sacker & Partners, says the DRA gives employers “some certainty about managing their workforce” and allowed “young people entry into

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

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Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

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Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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