The final stage in a landmark three year legal battle to give people the right to continue working beyond the age of 65 will begin in less than a month’s time. 

Age Concern and Help the Aged is arguing that the National Default Retirement Age introduced under the Employment Equality (Age) Regulations 2006 fails to interpret an EU Directive against age discrimination correctly. The UK Government will have to make the case to the High Court as to why its social or employment policy objectives make the National Default Retirement Age necessary. 

The case which began in December 2006 returns to the High Court following a judgment from the European Court of Justice in March 2009.  European judges confirmed the UK government will have to overcome a high hurdle in the UK courts to justify allowing forced retirement.

Millions of people approaching retirement will be waiting anxiously for the outcome of the case to find out whether the law will protect them if they want to continue working beyond 65.  More than 300 employment appeals are on hold until this case clarifies the law. 

Support for a change in the law is strong - research by Age Concern and Help the Aged found almost nine out of ten over 50s believe people should have the right to continue working past 65 if they wish‚ as long as they are capable of performing well in their job.  MPs on the Work and Pensions Select Committee have also recently slammed the laws saying they contradict the Government’s wider social and labour market objectives.

The hearing will run until the 20th July.  It is likely the Judge will examine the evidence fully over the next few months and publish the final judgement in the autumn.

The hearing begins on the 16th July.