The High Court has ruled to retain the UK’s default retirement age.

The case was been brought by Age Concern and Help the Aged, arguing that the compulsory retirement age contravenes EU regulations.

Mr Justice Blake said that a default retirement age (DRA) of 65 would be unlikely to be lawful if it was introduced in 2009 due to the state of the economy. However, his decision to allow a DRA of 65 was based on the circumstances and evidence available three years ago when it was introduced.

He added that he recognised the ‘very substantial weight’ of the arguments put forward by the Commission and Age UK to prevent people being forced out of work at 65.

Explaining the decision, he said he took into account the government’s decision to bring forward a review of DRA from 2011 to 2010 which will debate whether a DRA is still “appropriate and necessary”. 

Employers need not have a normal retirement age policy as the Employment Equality (Age) Regulations are not compulsory. Employees have the right to request to continue working beyond the age of 65 even if their employer has a normal retirement age in place.

Hundreds of retirement-related Employment Tribunal cases, which have been on hold awaiting the outcome of this legal challenge, may now proceed.

The Employment Tribunal will have to consider the Judge’s observations on the legality of a DRA of 65 in 2009 when hearing these cases.