Ian Smith signs off for the summer with a whiff of controversy & a judicial blast
It is said that there is no peace for the wicked, and that seems to include employment lawyers. We do not seem to be about to have much rest to enjoy this Olympian summer of ours. Just as we have been trying to come to terms with the meaning of Seldon’s case on the legality of retaining a compulsory retirement age (the answer being, in homely terms, “Don’t even think about it, sunshine”) the Court of Justice of the European Union in Hornfeldt v Posten Middelande: C-141/11 have given the green light to a Swedish law allowing just that, although it is arguable that the key to it was the setting by law of a higher age than 65 (in fact 67) and so it contained goodies for employees as well as relief for employers. However, as is always the case in employment law, if 10 lawyers get together to consider this case and how it fits in with Seldon, the result will be at least
