Bid to change UK retirement law fails

A UK high court challenge to scrap the compulsory retirement age was rejected today.

A UK high court challenge to scrap the compulsory retirement age was rejected today.

Mr Justice Blake ruled that the default retirement age (DRA) did not contravene age discrimination laws, dismissing a challenge by charities for the elderly.

But he stressed he might not have reached the conclusion without the British government announcing it would bring forward the review to next year instead of 2011.

Mr Justice Blake said: “I cannot presently see how 65 could remain as a DRA after the review.”

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Age Concern and Help the Aged, now merged as Age UK, argued that the default retirement age introduced by the government in 2006 is unlawful because it does not comply with an EU Directive against age discrimination.

But the government argued the EU directive on equal treatment in employment permits member states to allow differences in treatment on the grounds of age if they are objectively and reasonably justified by a legitimate aim.

Under UK law, a British employer can dismiss a member of staff without redundancy payments on their 65th birthday.

Employees do have the right to request working beyond retirement age, but although employers have a duty to consider these requests, they need offer no justification for refusal.

Age UK said the ruling was a blow for older people who need to work longer to secure a decent retirement in the face of recession and a drop in returns on savings and investments.

PA