Partner's retirement age of 65 was justified
In the long-running saga of Mr Seldon and law firm Clarkson, Wright & Jakes, the Employment Tribunal has concluded that a mandatory retirement age of 65 for the partners at the firm was a proportionate means of achieving the legitimate aims of retaining associates and facilitating workforce planning. The Employment Tribunal held that a retirement age of 65 fell within the narrow range of possible retirement ages that could have achieved these aims (Seldon v Clarkson, Wright & Jakes).
Mr Seldon was a partner at Clarkson, Wright & Jakes. He was compulsorily retired at the end of year in which he was 65 – this was the mandatory retirement age set out in the partnership deed. Mr Seldon wished to keep working for the firm after this date but his proposal was rejected. Although the default retirement age (DRA) of 65 was in force at the relevant time, it did not apply to partners and so this decision is significant in that it establishes the principles that can be applied to the compulsory retirement of employees.
Mr Seldon issued proceedings alleging direct age discrimination under the predecessor to the Equality Act 2010. Unlike other forms of direct discrimination, direct age discrimination is capable of ‘objective justification’ (i.e. the discrimination can be justified by showing that it was a ‘proportionate’ means of achieving a ‘legitimate’ aim)…
If you are registered and logged in to the site, click on the link below to read the rest of the Addleshaw Goddard briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Addleshaw Goddard
News from The Lawyer
Briefings from Addleshaw Goddard
Addleshaw Goddard looks back at the key legislative developments for 2014.
Addleshaw Goddard gives an overview of future legislative developements for the coming year.
Analysis from The Lawyer
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all
Could Slater & Gordon achieve its stated aim of becoming a top consumer brand by acquiring Pannone?