The Government faces overwhelming calls to scrap the compulsory retirement age of 65 after a High Court judge ruled that in the current economic climate it was likely to be unlawful.

Mr Justice Blake rejected a challenge to the compulsory retirement age by charities for the elderly on the basis that when it was introduced it was justified.

However, he gave a boost to campaigners when he added: “I cannot presently see how 65 could remain as a DRA [default retirement age].”

He added that he recognised the “very substantial weight” of the arguments put forward by Age Concern and Help the Aged, which brought the test challenge with the Equality and Human Rights Commission.

He had also taken into account, he said, the Government’s stated intention to bring forward a review of the compulsory age to stop people being forced out of work at 65.

The charities immediately called on the Government to change the law in the light of the judge’s comments.

They claimed that the Government had avoided defeat only because ministers had already caved in to pressure for a review next year.

Under UK law, a British employer can dismiss a member of staff without redundancy payments on his or her 65th birthday.

Employees have the right to request working beyond retirement age, but although employers have a duty to consider these requests, they need offer no justification for refusal.

John Wadham, legal group director of the Equality and Human Rights Commission, said: “The judge has sent out a strong signal that it is only a matter of time before the default retirement age of 65 is removed and we will consider what action we could take next.

“The Government’s promised review has already been brought forward from 2011 to 2010. It could act sooner to strike the default retirement age out of the rule books, using the Equality Bill.”

Age Concern and Help the Aged called on MPs to demonstrate their support for older workers by acting urgently to overturn the “outdated” legislation.

Andrew Harrop, head of public policy at Age Concern and Help the Aged, said: “Today’s ruling does not spell the end of our campaign to win justice for older workers.

“In fact, we will be stepping up our fight to get this outdated legislation off the statute book.

“Despite the judgment today, ministers still have the opportunity this side of a crucial General Election to give real help to people in their sixties by outlawing forced retirement.

“In his ruling the judge makes it clear that the only reason he has allowed the law to stand is because ministers have already caved in to our pressure for a review of the law.

“He makes it clear that forced retirement at 65 is unsustainable.

“This judgment makes it crystal clear that this unfair legislation is past its sell by date.”

 Times online