03 March 2009
According to Eversheds, age discrimination claims are on track
to rise by more than 27% over the 12 months to the end of March,
even though hundreds of tribunal claims have been delayed until the
European Court of Justice (ECJ) ruling on whether the British
Government breached age discrimination rules when it allowed
employers to force staff to retire at 65. The outcome of the
challenge to UK law which is led by Age Concern and Heyday, is
expected on Thursday.
Claims to the Employment tribunal are expected to have increased
generally as the number of individuals without a job rose to almost
two million by the end of 2008.
Owen Warnock, a partner and age discrimination expert at
Eversheds, said: "While a preliminary ruling on the Heyday case is
expected from the ECJ this week, it will ultimately not settle the
question of whether compulsory retirement qualifies as unlawful age
discrimination. It is likely to be at least another 12 months
before the law is clarified and it could take much longer if there
are appeals within the UK legal system and further referrals to the
European Court."
