Press Release

Forcing people to retire at 65 is blatant age discrimination

23 September 2008

An Advocate General has today recommended that forcing older workers to retire against their will because of their age does not breach EU equality requirements. This will be “incredibly disappointing news” for workers approaching the age of 65 and facing forced retirement, according to two leading organisations. In a joint statement, TAEN – The Age and Employment Network and Help the Aged, are calling on the European Court of Justice, in the next stage, to dismiss this recommendation and ensure older workers can enjoy equal rights.

Chris Ball, Chief Executive of TAEN – The Age and Employment Network, says: “The imposition of the Default Retirement Age in October 2006, allowing employers to sack their employees once they reach 65 was itself a blatant example of age discrimination. That the Age Discrimination Regulations, should include this provision, is a bit like Humpty Dumpty telling Alice in Wonderland, “When I use a word, it means just what I choose it to mean.”

“Of course it is nonsense – we all know it is. Moreover, it flies in the face of other policy initiatives about people needing to work on longer to support increasing life expectancy.

“The Advocate General’s opinion may be a set-back, but the ECJ’s Judges are not bound to accept it.  And if Gordon Brown wants to appeal to the sense of fairness of the British people this afternoon, he should announce an end to the stupidity of employers firing people who are fit and able to work, just because they have reached a certain birthday.”

Kate Jopling, Head of Public Affairs for Help the Aged, says:  “This is a disappointing judgement, particularly for many older workers facing forced retirement, but also for the whole economy which continues to lose out on older people’s skills and experience due to the flagrant ageism which runs through our society. Allowing companies to show loyal workers the door just because they are 65 or over, makes a mockery of age discrimination laws which are there to make clear that age is just a number, not an indicator of your competency.

“Given the ageing demographics of our UK society and the current economic climate, older people should be able to choose to carry on working for as long as they are able. There is simply no justification for allowing a 65th birthday card to come hand in hand with a P45, regardless of competency or previous track record.  

“We hope that in the next stage, the European Court of Justice sees things differently – they must sweep away this wholly unjust anomaly in British law.”