Law

Law

Law

Introduction

On the basis of age, the Court of Justice of the European Communities takes a more tolerant view of less favourable treatment rather than the other grounds that got covered with the legislation. Reviews got made by Darren Newman with regards to the compulsory retirement of the civil servants (TAEN 2011, pp.1). This paper discusses the approach that got used by the courts and tribunals towards the defence of justification in age discrimination cases. Further discussion has been made on the basis of the relevant statute and case law and EU law.

It got decided by ECJ that individuals have to retire at the age of 65. IDS Employment Law Brief has been provided. This describes the decision that has been taken by Fuchs and "anor" v Land Hessen in the European Court of Justice. A provision was held by the court with regards to German law that stipulated a retirement age for the civil servants. Therefore, they had to retire at the age of sixty-five, and it had to be ensured that they did not breach EU Equal Treatment Framework Directive (No.2000/78). The aim was to establish and age structure that should be balanced for the purpose of encouraging recruitment as well as to promote the young people. Moreover, the aim was also to bring improvements in personnel management. Moreover, it also aimed to avoid disputes that occur with regards to performance of the older workers. Therefore, these aims had to be achieved by adopting appropriate steps because of which it has been stated by the Court that the Member States can take considerations with regards to cost when social policy objectives are being formulated.

Discussion

The prosecutors who had put forward the claims had the retirement age of 65 that could be extended to 68 by signing an agreement. However, for this, it was essential for the agreement to be of interest of the service. Since their requests to work after 65 years of age was rejected, they put forward the claim that the retirement age breached the prohibition on age discrimination in the Equal Treatment Framework Directive (TAEN 2011, pp. 1). Doubt was also placed by the federal court on the age of retirement that was compiled by the Directive. Moreover, reference was made to ECG that suggested that the main reason behind this decision were the budgetary savings. The age of retirement at the age of 65 was used as a common ground that resulted in difference of treatment. This was based mainly on the assumption that the people who were of this age were not fit for working. It has been argued by Land Hessen that the age of retirement got justified objectively by the aims that created a balance of age structure. Moreover, it also enabled staff planning and encouraged recruitment as well as training. Besides this, untrained individuals were to be promoted, and disputes with regards to performance of the older workers had to be avoided (CIPD 2011, pp. 1).

Furthermore, it was added by the Court ...