Campaigns & issues

January 2010

Q: Why do we want the Government to scrap the default retirement age?
 
A: The Employment Equality (Age) Regulations 2006‚ which came into force on 1st October 2006‚ introduced a national default retirement age of 65. This introduced major restrictions on the employment protection available to people over the age of 65. All employers can force employees to retire at or after 65‚ and can refuse to recruit anyone over the age of 65.

We believe that by excluding people over 65 from legal protections the Government is failing older workers and actively allows employers to justify direct discrimination on grounds of age.

Q: What has happened so far?

A: Age Concern and Help the Aged mounted a legal challenge to the default retirement age at the European Courts of Justice. Their ruling on the 5th March 2009 referred the case back to the British High Court. The ECJ judges confirmed that Britain’s national default retirement age falls within the scope of EU law. But they also made it clear that the High Court should look very carefully at whether the default retirement age is justified under EU law‚ looking only at social and economic policy objectives – not the interests of individual businesses.

The British High Court ruled on 25th October 2009 that default retirement age of 65 is lawful. But the judge made it clear that he had only found in the Government's favour on the grounds that they had brought forward a review to 2010‚ and it was highly likely that the default retirement age would change soon.

Q: What next?

A: We are contributing to the Government's review of the default retirement age. We are providing evidence to the review of the experiences of people who have been forced to retire. Many of the people who have contacted us wish to continue working‚ or cannot afford to retire. We believe that we should be able to choose when we work and when we retire.  

Q: What can I do to help now?
 
A: Media coverage plays a vital role in publicising our work which we hope will encourage and influence the Government to scrap default retirement ages without delay. We are always in need of volunteer case studies‚ and are extremely grateful to those of you who acted as case studies on the week leading up to the Judgment. These case studies enabled us to obtain extensive media coverage in print‚ broadcast and online media.

Anyone can become a case study‚ you just have to be willing to talk about your experiences in-depth with a journalist and possibly have your photograph taken.

Q: Where can I find out further information?

A: For more information‚ please contact the campaigns team.