In its recent decision rejecting the charity Age UK’s challenge to the default retirement age of 65 – introduced in 2006 by the Employment Equality (Age) Regulations – the High Court ruled that the Government was able to justify the imposition of the mandatory retirement age at the time it was first introduced in 2006. However, in the Court’s view, the decision might have been different had the legislation been introduced now, as the state of the job market has changed considerably.
 
In reaching this decision, the Court took into account the Government’s announcement that it has decided to bring forward, from 2011 to 2010, its promised evidence-based review of the default retirement age. Mr Justice Blake said that he could not presently see how 65 could remain as the default retirement age after the review.
 
Following the ruling, Age UK announced that it would be stepping up its fight ‘to get this outdated legislation off the statute book’.
The Government has now called on businesses and individuals to submit evidence on the default retirement age for inclusion in next year’s review. Specifically, the Department for Business, Innovation and Skills is seeking information on:

• the operation of the default retirement age in practice;
• the reasons that businesses use mandatory retirement ages;
• the impacts on businesses, individuals and the economy of raising or removing the default retirement age;
• the experience of businesses operating without a default retirement age; and
• how any costs of raising or removing the default retirement age could be mitigated and benefits realised.