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.
News from Addleshaw Goddard
News from The Lawyer
Briefings from Addleshaw Goddard
The Supreme Court in Coventry v Lawrence has altered the approach that courts will take when considering whether to grant injunctive relief or damages.
Data & Information E-Alerts — nuisance calls action plan; £50,000 fine for unlawful calls; simpler security classifications; and more
Addleshaw Goddard has released the 4 April 2014 edition of its Data & Information E-Alerts publication.
Analysis from The Lawyer
Could Slater & Gordon achieve its stated aim of becoming a top consumer brand by acquiring Pannone?
The past five years have not been easy for Addleshaw Goddard. The firm’s revenue fell 7 per cent from £173.1m to £161.9m between 2008/09 and 2010/11 and despite finances looking up in 2011/12, when Addleshaws reported a 30 per cent increase in net profit, it has shown no notable compound growth in turnover since 2007/08.