Categories:Employment,UK

Freshfields wins Bloxham age case...

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Readers' comments (4)

  • In response to Lawyer News Daily

    It is not a question of Freshfields being "guilty, but.....". As you point out in your main report [see above], discrimination is permissible if it is found to be a proportionate means to a legitimate end. In short, such discrimination is not unlawful. We all discriminate to a greater or lesser extent. Maybe we choose our friends based upon their social or educational background. Women will often not go out with a guy who is shorter than them. Some men don't like fat women. Some people don't like the Birmingham accent (can't understand why). Such behaviour is discrimination, but it is not unlawful. So, Freshfields have not been "guilty" at all.

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  • Pensions

    The whole issue on pensions is really tough. You've got contractual rights on the one hand, but is it right that the past in the guise of older partners, is feather-bedded and the future, for the rest of us, is a rude and difficult place?

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  • Bloxham

    Guilty is a pretty emotive word - for anyone vagely concerned with accuracy, age discrimination laws permit employers to adopt policies that could lead to some people losing out simply as a result of their age so long as they can demonstrate those policies were a “a proportionate means of achieving a legitimate aim”. The tribunal said that Freshfields policies “not merely met” but “comfortably passed” this crucial test.

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  • Freshfields wins Bloxham age case

    Freshfields may have won the lawsuit... but it is a phyrric victory. To have handled the process so poorly as to allow this to happen must surely raise questions as to the judgment of the management of the firm, their management abilities and the consequent impact upon the partnership ethos of the firm.
    Whilst Freshfields may have saved a few pennies here with Mr Bloxham's redundancy, what it has achieved in winning is a rare double - significant adverse press couple with a perspective that the firm is uncaring and lacks compassionate. Freshfields has got itself into the invidious position of it ultimately (following any appeal) wins the law suit it loses and if it loses the lawsuit it loses. Brilliant management.

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