Mandatory retirement must be justified by government

Age Concern is taking its fight against the national default retirement age of 65 back to the High Court in the final stage of its lengthy challenge to UK law on retirement in the Employment Equality (Age) Regulations 2006.

In its ruling on 5 March the European Court of Justice (ECJ) stated that the mandatory retirement age did fall within the provisions of EU equality legislation, and that the UK government would therefore have to justify the imposition of retirement at 65 by legitimate social policy objectives such as those related to employment policy, the labour market, or vocational training, and show that the means chosen are appropriate and necessary to achieve that aim.

Age Concern and Help the Aged, due to merge to become a single body in April of this year, have called on the government to bypass the High Court and scrap the default retirement age immediately. The two charities have condemned the government for operating double standards by abolishing the retirement age for civil servants and by encouraging older people to work on beyond 65, but retaining legislation that keeps many from doing so.

“The government’s position is increasingly contradictory. Ministers must address these double standards,” said Gordon Lishman, director general of Age Concern. “We still have a very strong chance of winning in the British Courts.”