The  government has rejected legal advice to end the uncertainty surrounding an employer’s right to make staff retire at 65.

The Daily Telegraph newspaper reported that Eversheds, employment  law specialists, argued that the High Court should resolve the matter using European Court of Justice (ECJ) guidance rather than waiting for a case brought by Age
Concern to be heard in Europe.

The employment lawyers said such a move would “save at least a year of uncertainty”, reduce employers’ exposure to “substantive retrospective claims for compensation” from disgruntled staff and illustrate the government’s to better regulation.

But the Department of Business, Enterprise and Regulatory Reform told the Telegraph it would not second guess the ECJ’s ruling on the Age Concern case which begins on 2 July.