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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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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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