Heyday, part of Age Concern and the campaigners responsible for bringing the case to Europe, claimed that “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”.

Although the view of the Attorney-General is not binding, it is usually followed by the European judges who are expected to decide on the case before Christmas.

The decision may not be such a setback for older workers however, as the government have announced that they will be reviewing the effectiveness of retirement age in 2011 and that its long-term aim is to move away from a compulsory retirement age.

Frances Gibb, writing in the Times, recognizes that a victory for Age Concern (now unlikely) “could lead to a far-reaching change in domestic employment law and a flood of compensation actions in addition to the 260 now pending”.