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Retirement age judgement expected UK retirement age challenge fails
(19 minutes later)
A judgement on whether it is legal for UK employers to force workers to retire at the age of 65 is expected later. The High Court has ruled that it is legal for UK employers to force workers to retire at the age of 65.
In the UK, a worker can see their employment end at the age of 65 without any redundancy payment - even if they do not want to retire.In the UK, a worker can see their employment end at the age of 65 without any redundancy payment - even if they do not want to retire.
The case has been brought by Age Concern and Help the Aged, which argue that the compulsory retirement age goes against EU regulations. The case had been brought by Age Concern and Help the Aged, which argued that the compulsory retirement age goes against EU regulations.
The hearing was held in the High Court in July with judgement reserved to now. But their challenge, heard in July, has now been thrown out by the court.
Specifically, Mr Justice Blake will decide whether or not the Default Retirement Age introduced by the government in 2006 complies with an EC Directive against age discrimination. Specifically, Mr Justice Blake decided that the Default Retirement Age introduced by the government in 2006 did comply with an EC Directive against age discrimination.
The government has announced it is bringing forward a review of the compulsory retirement age anyway, by a year to 2010.The government has announced it is bringing forward a review of the compulsory retirement age anyway, by a year to 2010.
Current positionCurrent position
As the law stands, a British employer can dismiss a member of staff without redundancy payments on that person's 65th birthday, as long as they stick to the correct procedure. The charities believe this is in breach of the EU's Equal Treatment at Work Directive.As the law stands, a British employer can dismiss a member of staff without redundancy payments on that person's 65th birthday, as long as they stick to the correct procedure. The charities believe this is in breach of the EU's Equal Treatment at Work Directive.
THE STORY SO FAR... In the UK, a worker can see their employment end at the age of 65 without any redundancy payment - even if they do not want to retire.A number of court cases are continuing that challenge this rule, most notably the case spearheaded by Age Concern and Help the Aged which was heard in the High Court in July. This aims to clarify whether the enforceable retirement age is legal.However, the government has said it will bring forward a review of the retirement age to 2010, a move that some commentators say signals the end of the default retirement age in the UK as we know it.THE STORY SO FAR... In the UK, a worker can see their employment end at the age of 65 without any redundancy payment - even if they do not want to retire.A number of court cases are continuing that challenge this rule, most notably the case spearheaded by Age Concern and Help the Aged which was heard in the High Court in July. This aims to clarify whether the enforceable retirement age is legal.However, the government has said it will bring forward a review of the retirement age to 2010, a move that some commentators say signals the end of the default retirement age in the UK as we know it.
Employees have the right to request to continue working beyond the date when the employer wants them to retire, but the employer can refuse the request and the law does not require them to give any reason for that decision.Employees have the right to request to continue working beyond the date when the employer wants them to retire, but the employer can refuse the request and the law does not require them to give any reason for that decision.
An employer can also refuse to recruit anyone over the age of 65.An employer can also refuse to recruit anyone over the age of 65.
In September 2008, the Advocate General gave recommendations about how European rules should be interpreted.In September 2008, the Advocate General gave recommendations about how European rules should be interpreted.
He said that the enforceable retirement age could remain if it had a "legitimate aim" linked to social or employment policy.He said that the enforceable retirement age could remain if it had a "legitimate aim" linked to social or employment policy.
But the UK government still has to justify its policy of allowing forced retirement at the High Court. About 260 cases pending in tribunals are now likely to be dismissed following the High Court's ruling. These pensioners had been seeking compensation for discrimination.
About 260 legal actions are pending in tribunals and thousands more pensioners who were forced to retire against their will have compensation claims waiting if the High Court's final ruling decides the compulsory retirement age is not justified.
The majority of people retire before 65, but 1.3 million people work beyond state pension age. It has been suggested that many more would if their employer permitted it.The majority of people retire before 65, but 1.3 million people work beyond state pension age. It has been suggested that many more would if their employer permitted it.