Last year, Heyday (an offshoot of Age Concern) brought a claim against the UK Government that the UK's national default retirement age of 65 under the Employment Equality (Age) Regulations 2006 is incompatible with European law. The case has been referred to the European Court of Justice (ECJ) and a decision is not expected until 2009.

Now the Employment Appeal Tribunal (EAT), in the case of Johns v Solent SD Ltd, has ordered an age discrimination claim against a private sector employer to be stayed pending the ECJ's decision in the Heyday case.

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