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• Employers may continue to dismiss workers at the statutory retirement age of 65years.
• Age Concern (Heyday) and Help the Aged had argued in the High Court that the compulsory retirement age goes against EU regulations but had already earlier this year lost a case in the European Court (ECJ)where it argued that the Employment Equality (Age Discrimination) Regulations 2006 allowing employers to make workers retire at 65 is inconsistent with the EU Equal Treatment Framework Directive as it does not allow discrimination on the grounds of age.
• The government relied on an escape clause in Article 6(1)that if, within the context of national law, (age discrimination is allowed if) objectively and reasonably justified by a legitimate aim, including legitimate employment policy, labour market and vocational training objectives, and if the means of achieving that aim are appropriate and necessary (proportionate and legitimate).
• In the High Court Heyday argued for the striking down of Regulation 30 of the Age Regulations as, according to Heyday, the government was pursuing no clear and consistent social policy aim in maintaining a Default Retirement Age (DRA) of 65 and was in any case not supported by the EHRC that maintained that the earliest appropriate age for a DRA was 70 years.
• Mr Justice Blake declined to rule in favour of Age Concern that argued that forcing people over 65years of age into retirement when they have inadequate pensions is neither proportionate or legitimate. He ruled instead that the government had explained its social aims for the integrity of the labour market thus justifying Regulation 30 as legitimate and proportionate, that the Default Retirement Age introduced by the government in 2006 complied with the EC Directive against age discrimination.
• The judge did refer to the Government's intention to carry out a review of the compulsory retirement age in 2010 in supporting his decision to accept the proportionality and legitimacy of the present retirement age.
• In light of the proposed government review Age Concern (Heyday) / Help the Aged do not intend to appeal.
• Hundreds of stayed age discrimination cases in tribunals that were awaiting the outcome of this decision will now be dismissed.