Charity Age Concern has vowed to fight on in their bid to outlaw the UK’s compulsory retirement age.

Gordon Lishman, director general of Age Concern, says that the charity will continue the fight to ensure that older British workers are judged on their skills and abilities rather than their age.

The European Court of Justice (ECJ) ruled today that the UK’s compulsory retirement age of 65 does not contravene EU legislation.

The case, brought by Age Concern, questioned whether it was legal for UK employers to force workers to retire at the age of 65.

The ECJ ruled the practice was legal provided there was a legitimate aim related to employment and social policy.

It referred the case to the High Court in London to decide if the age limit was justified.

As the current law stands, a British employer can terminate employment without redundancy payments on that person’s 65th birthday.

Age Concern had challenged the interpretation of the EU Directive upon which the Age regulations are based, but the European Court of Justice’s (ECJ) Advocate General ruled against the challenge to the UK’s compulsory retirement age of employees aged 65.

Lishman says: “We are disappointed with the ECJ’s judgment which sends the message that ageism is less important than other forms of discrimination, but we will continue our fight to ensure that older British workers are judged on their skills and abilities rather than their age.

“The government continues to consign tens of thousands of willing and able older workers to the scrapheap.  It is time for ministers to find the courage of their convictions and abolish the default retirement age without further delay.” 

Catharine Pusey, director of the Employers Forum on Age, adds: “We are disappointed, though not surprised, by today’s judgement.  This further proves that both the ECJ and government regulations are completely behind the times in recognising the changes and pressures in the modern workforce and society.

“Meanwhile, enlightened and forward-thinking employers, many of them our members, are moving ahead and promoting policies which make no assumptions about people’s employability based on age.

“We have just submitted evidence to the government’s review of the default retirement age, demonstrating that many employers are expecting the number of requests to work beyond 65 to keep rising.  In an ageing society and as recession begins to bite, we can no longer afford a culture of early retirement.”