High court judges ruled today to keep the mandatory retirement age of 65, meaning employers will still be able to refuse requests by people to work past that age.
The case had been brought by charities Age Concern and Help the Aged who claim compulsory retirement goes against European Union regulations.
Today's ruling means a number of compensation cases currently pending will ultimately fail.
The charities, however, claim they will not appeal against the decision due to expectations the law will change.
The government has announced it will bring forward a review of the compulsory retirement age in 2010.
Mr Justice Blake in reaching today's verdict conceded: 'I cannot presently see how 65 could remain as a default retirement age after the review.'
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spell the end of our campaign to win justice for older workers– in fact, we will be stepping up our fight to get this outdated legislation off the statute book.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 judgement today, ministers still have the opportunity this side of a crucial general election to give real help to people in their 60s by outlawing forced retirement. They should amend the equality bill which is currently making its way through parliament.'
Mr Harrop added the judgement made it 'crystal clear' that the current legislation was unfair and out of date.
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