Challenges of Active Ageing: Equality Law and the Workplace by Simonetta Manfredi, Lucy Vickers

By Simonetta Manfredi, Lucy Vickers

This edited assortment takes a multi-disciplinary method of the ‘Active ageing’ time table to let readers to think about the consequences of this phenomenon for the legislations, the place of work, and for operating lives from a holistic standpoint. Challenges of lively Ageing brings jointly teachers operating all through Europe from diverse disciplines together with legislations, business relatives, human source administration and occupational psychology to discover and debate the demanding situations of the ‘Active ageing’ schedule for equality legislation and administration perform. additionally together with shorter contributions from legislations, human source administration, alternate union and different practitioners, this publication goals to completely replicate how agencies can alter their practices to answer the problem of an getting older inhabitants and prolonged operating lives. 

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47 Cf. CJEU C-109/88 Handels- og Kontorfunktionærernes Forbund I Danmark v Dansk Arbejdsgiverforening, acting on behalf of Danfoss (‘Danfoss’) judgment 17 October 1989; CJEU C-184/89 Helga Nimz v Freie und Hansestadt Hamburg (‘Nimz’) judgment 7 February 1991; C-127/92 Dr. Pamela Mary Enderby v Frenchay Health Authority and Secretary of State for Health (‘Enderby’) judgment 27 October 1993; CJEU C-17/05 B F Cadman v Health & Safety Executive (‘Cadman’) judgment 3 October 2006. 46 16 F. Hendrickx The Court’s principle of Cadman,48 formulated in the gender discrimination context, still stands.

1 Setting the Scene 9 (b) the fixing of minimum conditions of age, professional experience or seniority in service for access to employment or to certain advantages linked to employment; (c) the fixing of a maximum age for recruitment which is based on the training requirements of the post in question or the need for a reasonable period of employment before retirement. It is thus clear that the directive accommodates a wish to take into account a wide range of considerations concerning the functioning of external or internal labour markets.

5 This will have an impact on not only the labour market in the strict sense, but will also involve issues of financing of social welfare systems and solidarity between generations in terms of both work and social benefits. 2 Henrickx ‘Age and European employment’. CJEU C-141/11 Torsten Hörnfeldt v Posten Meddelande AB (Hörnfeldt‘) judgment 5 July 2012. 4 Para 37 Hörnfeldt. 5 The 2012 ageing report, Economic and budgetary projections for the 27 EU Member States (2010–2060), Joint Report prepared by the European Commission (DG ECFIN) and the Economic Policy Committee (AWG), European Economy 2, 2012, 25–26.

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