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Government considers scrapping compulsory retirement age

25 March 2010

Alistair Darling said the government is looking into scrapping the compulsory retirement age of 65. In what he termed as a "Budget for recovery", Mr Darling said he was looking to improve rights for older workers and was looking into scrapping the compulsory retirement age.

Tom McPhail, head of pensions research at Hargreaves Lansdown said the government was talking about scrapping the compulsory retirement age, without actually confirming the outcome of the ongoing review on the subject.

The government announced it would bring forward a review on investigating if a default retirement age was still relevant in today's society after the High Court ruled it was legal for employers to force workers to retire at 65.

The ruling was the result of a test case brought by Age Concern and Help the Aged on the legality of the default retirement age in July. Mr Justice Blake decided that the default retirement age introduced by the government in 2006 did comply with an EC directive against age discrimination.

Mr Justice Blake indicated that an exempt retirement age of 65 was lawful back in 2006 when it was introduced, due to the prevailing circumstances and evidence available at the time.

However, he did say that there was a "compelling case" for a change in the law and noted the law would not be likely to be lawful if it were introduced now because of the current economic conditions.

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