The High Court has given its decision in the “Heyday case”, Age Concern’s attempt to challenge the legality of the default retirement age. In its decision, the Court found that the default retirement age of 65 can be justified and so is lawful, but that there was also “a compelling case” for either raising it or abolishing it altogether.

The default retirement age was introduced by reg.30 of the Employment Equality (Age) Regulations 2006. In order for it to be lawful, the Government had to show that it was introduced to help fulfil a legitimate aim of social policy.

The Court determined that the default age was set with the aim of maintaining confidence in the labour market, and that it was a proportionate means of so doing. The decision also points out that the default retirement age is not mandatory - employers are not required to dismiss employees at a certain age, it merely allows them to do so. It is also designed to give employers and employees certainty when it comes to planning for the future.

However, although the default retirement age was deemed to be lawful, there could still be changes in store for this contentious piece of legislation. The Government is currently reviewing the need for the default retirement age, and in his decision the Judge indicated that there was a “compelling case” for the default age to either be raised or abandoned as a result of the review.

Mr Justice Blake said that, “in view of the changed economic circumstances, and the generally recognised problems that a longer living population created for the social security system,” had it been introduced today rather than in 2006, he would have found that the default retirement age was not a proportionate means of maintaining confidence in the labour market.

The Judge also made it clear that the fact that the Government had brought forward the review of the legislation had strongly influenced his decision not to rule that the regulations should be reconsidered. He even went so far as to state that he “cannot presently see how 65 could remain as a default retirement age after the review”.

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