Heyday challenge fails: UK default retirement age is legal .... for now

The High Court decided last Friday that it is lawful for employers to compulsorily retire employees at age 65. However, this may be a pyrrhic victory for the Government. Mr Justice Blake was clear that his decision would have been different if the Government had not recently brought forward its review of the area from 2011 to 2010, giving a clear steer that employers should expect changes.

Subject to any appeal, this decision brings to an end the Heyday challenge which was brought before the Employment Equality (Age) Regulations 2006 (the Age Regulations) even came into force on 1 October 2006. It also means that the 800 or so claims on the issue of mandatory retirement, currently on hold at employment tribunals, will now fail.

For now, employers can continue to retire employees from age 65 upwards, as long as they follow the statutory processes set out in the Age Regulations, but it looks like change is inevitable.

Wragge & Co's experts provide a full analysis of the judgement and what it means for employers.