press release


Elderly lose High Court retirement age challenge


25 September 2009


The High Court has today ruled that the UK’s retirement age of 65 can be justified.

The case had been brought by Age Concern and Help the Aged, which argued that the compulsory retirement age goes against EU regulations.

Edward Benson, Head of Employment Law at Browne Jacobson, said :

“This will be a blow to the hundreds of employees whose age discrimination claims were on hold pending this decision.

“Despite the High Court ruling, employers need to start thinking about how they would manage their workforces without a default retirement age or as is more likely a higher default retirement age of 66 or 67.

“The Government is planning to review the retirement age next year and there is every possibility that there will be changes.

“This could possibly have a significant impact on succession planning and promotion prospects for younger employees, and may lead employers to be less tolerant of performance issues relating to those nearing retirement age.”