News

Age Discrimination justified in Seldon v Clarkson Wright and Jakes

  • May 01, 2012
  • By Hunters Law

On 25th April 2012, the Supreme Court ruled that a law firm had successfully identified legitimate aims which could potentially justify a compulsory retirement age. The legitimate aims identified by the law firm and upheld by the Supreme Court include:

On 25th April 2012, the Supreme Court ruled that a law firm had successfully identified legitimate aims which could potentially justify a compulsory retirement age.  The legitimate aims identified by the law firm and upheld by the Supreme Court include:

1.   the retention of associates by providing them with the opportunity of partnership after a reasonable period of time;

2.   the facilitation of partnership and workforce planning with realistic expectations as to when vacancies would arise; and

3.   the furtherance of a congenial and supportive workplace by minimizing the expulsion of partners through performance management.

The Supreme Court found that the direct age discrimination suffered by Mr Seldon could be potentially justified by these social policy objectives.

The case has been returned to the Employment Tribunal for it to determine whether the firm’s chosen retirement age of 65 is a proportionate means of achieving the legitimate aims set out above.

This case will have important ramifications for all employers following the abolition of the mandatory retirement age.

For further information, please contact Chloe Vernon

Related News

Feb 18, 2020
Amanda Lathia examines partnerships and important factors to consider that will help navigate future challenges
Feb 14, 2020
Gregor Kleinknecht comments on new rules for copyright in the EU in IBA Global Insight
Nov 27, 2019
Amanda Lathia discusses firing employees over social media posts in HR Grapevine
Nov 27, 2019
Amanda Lathia comments on the Supreme Court case that led to Royal Mail employee’s dismissal in Personnel Today
Oct 23, 2019
Gregor Kleinknecht’s chapter on trade marks and design rights post-Brexit published in Winning with IP
Oct 17, 2019
Amanda Lathia comments on the Supreme Court employment ruling in favour of Judge Claire Gilham in The Times
Sep 18, 2019
Amanda Lathia discusses how the Gig Economy continues to shape the legal status of a worker in Employer News
Aug 20, 2019
Amanda Lathia and Polly Atkins discuss DSARs on the rise since GDPR introduced in 2018, in Lawyer Monthly
Aug 15, 2019
Gregor Kleinknecht discusses trading in antiquities in Discover Germany’s September 2019 Issue
Aug 15, 2019
Amanda Lathia and Polly Atkins discuss UK businesses coping with data subject access requests since GDPR was introduced, in GDPR.Report

© Hunters Law LLP 2020 | Privacy NoticeLegal & Regulatory | Cookies Policy | Complaints Procedure

Hunters Law LLP is authorised and regulated by the Solicitors Regulation Authority (number 657218)