The Employment Equality (Age) Regulations need to be reviewed according to Heyday, a group representing retired people.

The group, which is being backed by Age Concern, is taking the Government to court for failing to protect the right of older people to continue working.

The regulations will ban companies from having a mandatory retirement ages below 65m but the regulations do no give people the right to continue working beyond this age if they want to.  Instead they will be able to ask if they can continue working past 65 but if an employer refuses their request they do not have to give a reason.

Employers will have to go through the process of meeting with the member of staff but their decision cannot be challenged in an employment tribunal.

Heydey is arguing that this is incompatible with the European Equal Treatment Directive, which outlaws age discrimination.

Neil Chuchill of Heydey says: “Forcing people to retire is denying the right to work, a right which everyone should have, regardless of age.”

Heydey adds that in a survey it carried out it found 80% of 50-60 year olds thought there should no be a forced retirement age, and 65% planned to work past the state pension age.