A ruling by the High Court has legitimised an employer's right to force those over 65 to quit work. The law thus enables a British employer to dismiss any staff member on their 65th birthday, without redundancy payments, as long as they stick to the correct procedure- even if employees do not wish to go.

Two age charities Age Concern and Help The Aged have been left feeling 'very disappointed' with the outcome, which they believed to be against EU regulation. However, the case ruled that the Default Retiring Age which was introduced in 2006, does comply with all age discrimination law.

The verdict, whilst not being well received by age groups who have been supporting the case from the outset, has gone down favourably with employers. The result means that all those employees who are currently in the process of taking their employer to court for unfair dismissal will, in all likelihood, fail. The BBC news website has reported that there are currently over 260 cases pending in tribunals.

Although employees over 65 do have the right to request to continue working after their retirement age; an employer can refuse this request without supplying a reason. Employers are also able to refuse to recruit anyone over the age of 65. The BBC suggests that currently 1.4 million people work beyond the state pension age, and that "many more would if their employer permitted it".

Although the outcome has been less than favourable for those over 65, John Wadham, the legal group director for the Equality and Human Rights Commission, said: "The number of older employees is increasing and the law should support those who wish to carry on working and making an economic contribution."

The government will be reviewing the compulsory retirement age in 2010.

To read the full story as reported by the BBC News website, click here.

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