Forcing staff to stop work at 65 is legal, says EU court

Published on Thursday 5 March 2009 21:06

AGE equality campaigners last night vowed to continue the battle to banish Britain's compulsory retirement age, after European judges declared it legal – under certain circumstances.

The European Court of Justice ruled that enforcing retirement at 65 does not breach EU rules, as long as the mandatory limit has a "legitimate aim" linked to social or employment policy.

Age Concern, the charity that brought the case, said it would still press the government to end restrictions on grounds of age.

The issue has one more legal hurdle to jump. The High Court, which asked the European court for yesterday's clarification on EU equality law, must now decide whether the government's retirement age is justified.

Gordon Lishman, the director-general of Age Concern, said: "We still have a very strong chance of winning in the British courts. The European court has said that the government must prove to a high standard why forced retirement ages are needed, and those reasons must be based on social or labour market needs, not the interests of employers.

"The government's position is increasingly contradictory. Only last week, ministers criticised the 'grey ceiling', which stops people working beyond the age of 65. Yet they continue to consign millions of willing and able older workers to the scrapheap by maintaining the very barrier which prevents them from extending their working lives.

"It is time for ministers to find the courage of their convictions and abolish the default retirement age without further delay."

Paul Cann, director of policy and external relations for Help the Aged, said: "Mandatory retirement ages are unfair and the government should act to abolish them as soon as possible.

"Challenging financial circumstances mean it is even more important for older workers to be able to choose to work for longer if they want to.

"Ageism in all its forms must be eradicated from our society once and for all."

Brendan Barber, the general secretary of the TUC, said the outcome was a blow to those willing and able to work beyond 65, particularly in a recession.

"Employers should not be allowed to use age as a quick and easy way of getting rid of employees," he said. "The judgment leaves the door open for businesses to ditch staff as soon as they hit 65, regardless of whether or not they are doing a good job and whether or not they want to stop work.

"The government must now act to ensure that UK legislation allows people to work past their retirement age."

Timothy Kirkhope, the Conservative leader in the European Parliament, said: "It is wrong to force people who want to make a contribution to the economy to hang up their boots, particularly during a recession.

"The problem of age discrimination is a cultural one that would not be changed by the European court. Fortunately, the High Court has pre-eminence in this matter. It must exercise its own authority by rejecting the European court's opinion and supporting an end to compulsory retirement age in the UK."

Andrew Lockley, the head of public law at Irwin Mitchell, the firm acting for Age Concern, said: "The law needed clarification, as neither employers nor older employees knew where they stood."

According to Age Concern, about 25,000 UK workers face "default retirement" at 65 every year, when they would be happy and able to carry on.