SNP Member of the European Parliament Mr Alyn Smith has today
voiced his disappointment at a ruling by the Advocate General of the
European Court of Justice in effect giving a green light for employers
to maintain mandatory retirement ages. The ruling is influential,
though not binding, on the full Court which will rule on the case later
this year. The case has been brought by Age Concern to clarify whether
employers have the right to force retirement upon older workers who
wish to work.

Speaking from Brussels, Smith said:

"This
case is of huge importance to tens of thousands of older workers across
Scotland. While I will fight to maintain the right to retire for those
who wish to, there are plenty older workers who want to work and can
work, but their employers enforce a mandatory retirement age against
their wishes. This means financial uncertainty for older people and
removes able workers and vital experience from the workplace and
economy when we can ill afford to lose them.

"I know plenty sixty-five
year olds with more energy than I have, and in my view mandatory
retirement ages should not be legal, each case should be decided on its
merits. I am disappointed with the ruling from the Advocate General today, though as Age Concern says it is a set back rather than a disaster.

"I
for my part will be working with Age Concern and the Unions in Scotland
to bring clarity to this complicated legal area, this case is far from
over."