The Employment Equality (Age) Regulations 2006 (the "Regulations") which are due to come in to force on 1 October 2006 are facing a challenge brought by the Heyday Group and backed by Age Concern in to their legality. 
 
The Regulations provide that employers cannot force employees under the age of 65 to retire.  The Regulations also provide the opportunity for those employees who have reached the age of 65 to make a request to their employer to continue working beyond the age of 65.  Employers are required by the Regulations to consider the requests but are not bound to agree to them.  Nor do employers have to give their reasons for refusing any employee's application to continue working beyond the age of 65.
 
The Heyday Group has applied to the High Court for a judicial review of the Regulations.  It is understood that the Heyday Group are arguing the Regulations contravene the EU Equal Treatment Framework Directive as they do not provide people aged 65 and over the right to continue working. 

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