Age Concern and its membership organisation Heyday launched an appeal in the European Court of Justice to prevent UK employers from forcing staff to retire at 65, saying it was age discrimination.
Yesterday one of the court's senior advisers, the advocate general, dismissed the claim, meaning it is likely the European Court of Justice will follow suit later in the year.
Gordon Lishman, director general of Age Concern, said: "Millions of older workers in the EU will be fuming that the advocate general thinks ageism counts for less than other forms of discrimination.
"This is not a minority issue," he continued. "In the UK ageism is already the most commonly experienced form of prejudice and more than a million people are already working past state pension age."
Ailsa Olgive, director of Heyday, added: "We are challenging this law because it is costing good workers their jobs. If the European Court confirms [the advocate general's] opinion the case would have to go back to the High Court in London for a final decision.
"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' to make ends meet."
Age Concern to continue fight against retirement at 65
Age Concern has reacted to the advocate generals recommendation that UK employers should be allowed to compel staff to retire at 65, by saying it was a setback but not a disaster.
