ACS

A challenge to the right of employers to make people retire at 65 has been rejected by a European court adviser. The case was first heard in the European Court of Justice in July this year.

An Advocate-general, a senior legal adviser to the European Court of Justice, backed current UK rules - although the decision is not binding.

Some 260 people in Britain have cases at employment tribunals which depend on the European court's ultimate decision.

Many believe they have been unfairly treated and are worse off because they had to retire at 65.

Campaigners, who believe that setting an age limit is discriminatory, stressed that the case would run for some time.

The Advocate-General's view could influence the judges who are expected to give their ruling in the case just before Christmas, but it is not binding.

If they eventually find in the campaigners' favour, the case could then return for a final hearing in a British court.

The employers' organisation the CBI has argued that a normal retirement age of 65 is an essential management tool, adding that employees can ask to work beyond that age.

Employers have a duty to consider these requests, and the CBI has said that this system has proved to be a success.

The case is being brought by Heyday - part of Age Concern. It was prompted by a survey of 60,000 people, with 80% claiming the rules were unfair.

Director Ailsa Olgive said: "Denying people work because of their date of birth is grossly unfair, and in these tough times we expect more people will need to carry on working into 'retirement' in order to make ends meet.

"More than a million people are already working past state pension age and they are the fastest growing group in the workforce."