Default retirement age cannot last, says High Court Judge

Wednesday, 30 September 2009

Last week the High Court ruled that 65 would remain as the default retirement age, but one judge thought that it could not last.

Mr Justice Blake said: “I cannot presently see how 65 could remain as a Default Retirement Age after the review.” The review to which he was referring will take place in 2010, and he believed that the Government only avoided defeat on the ruling because the review had already been agreed.

The decision was a blow to the millions of people who want or simply have to work beyond the age of 65. Now, according to Age Concern and Help the Aged, their fate lies in the hands of MPs and peers.

Older workers who wish to remain in work beyond the age of 65 can still be forced to retire by their employer in the current circumstances, whether they are healthy and able to carry on with their jobs or not.

The judge said: “Had [the regulation] been adopted for the first time in 2009, or there had been no indication of an imminent review, I would have concluded … that the selection of age 65 would not have been proportionate. I would, accordingly, have granted relief requiring it to be reconsidered.”

Age Concern and Help the Aged want MPs and peers to use the Equality Bill to abolish the default retirement age.

Andrew Harrop, of the charity (now combined), said that they would stepping up their fight, and that ministers still have the opportunity to outlaw forced retirement before the General Election next year.

He went on: “'In his ruling the judge makes it clear that the only reason he has allowed the law to stand is because ministers have already caved in to our pressure for a review of the law. He makes it clear that forced retirement at 65 is unsustainable. This judgement makes it crystal clear that this unfair legislation is past its sell-by date.”

The case was brought against the Government by the charity in 2006, with the argument that the default age was against European Union law. The European Court ruled in March 2009 that the UK Government would have to justify keeping such a law.

With the economy in turmoil and pension and savings values having been eroded, there is more need than ever for many people to work beyond 65. Recent research has shown that 60 per cent of over 50s reckon the state of the economy will force them to work longer than they had planned to.

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