A challenge to the UK’s compulsory retirement age of 65 has been ruled against by the European Court of Justice’s (ECJ) advocate general.

Heyday, an organisation aimed at employees approaching retirement or already in retirement, mounted the legal challenge but the ruling gives an indication it will not be upheld.

The advocate general’s opinion is thought to be an indicator of the ECJ’s decision expected later this year.

Personnel Today reports the Employment Tribunals Service has records of around 260 cases in England, Scotland and Wales awaiting a ruling on whether forcing workers to retire at 65 is unlawful.

It adds the Confederation of British Industry has argued a retirement age of 65 is an essential management tool and that employees can ask to work beyond that age which employers have a duty to consider – a system which has proved to be a success.

TUC General Secretary Brendan Barber is disappointed by the decision: "'The recommendation of the Advocate-General will be hugely disappointing for the many employees who want to, or need to, continue to work beyond retirement age.

"It makes no sense that we have laws in the UK that aim to remove age discrimination, but include a get-out clause for employers who want to kick people out when they reach 65, regardless of whether or not they are doing their job well."