Test case begins on workers’ retirement age

2 July 2008

Employers may no longer be able to require that workers retire at 65 if a test court case rules that forced retirement on grounds of age is discriminatory.

The case is now being heard at the European Court of Justice.

Under current employment law, employers can set a compulsory retirement age of 65 or older.

However, opponents, including the charity Age Concern, have argued that age limits on employment are a form of discrimination.

There are a number of cases before employment tribunals which have been brought by employees who believe that compulsory retirement amounts to unfair workplace treatment.

Andrew Harrop, head of policy at Age Concern England, said: “Forcing talented people to retire at 65 is a terrible waste for employers and an insult to older workers.

“Since we began this case we’ve heard from hundreds of people who have been forced to retire against their will.”

However, the CBI said that the normal retirement age of 65 is an essential management tool and must be retained.

The employers’ organisation also argued that the right of workers to request postponement of retirement – requests which employers must consider seriously – has been successful.

According to the CBI, about one in five employees have made a request since the rules were implemented in October 2006, and almost three quarters of requests have been accepted.