Seldon v Clarkson Wright and Jakes

Direct age discrimination can be justified only by reference to legitimate aims of a social policy nature, such as intergenerational fairness and dignity, and the means must be proportionate.

Citation
[2012] UKSC 16, [2012] ICR 716
Court
Supreme Court
Year
2012
Subject
Employment Law
Topic
Discrimination at work

Facts

Mr Seldon was an equity partner in a firm of solicitors. The partnership deed provided that partners must retire at the end of the year in which they reached 65. When Mr Seldon reached 65, he wished to continue working, but the firm required him to retire. He claimed that this was direct age discrimination. The firm argued that the retirement age was justified, because it gave associates the opportunity of partnership, facilitated workforce planning, and avoided the need to expel partners for poor performance.

Legal principle

The Supreme Court held that direct age discrimination can be justified only by reference to legitimate objectives of a public interest nature, such as intergenerational fairness, which includes allowing younger people to progress, and dignity, which includes avoiding the need to dismiss older workers for poor performance. These aims were legitimate. Lady Hale said that the tribunal must then decide whether the means chosen, the particular retirement age, was proportionate to achieving the aims in the particular business. The case was sent back to the tribunal, which later held that the retirement age of 65 was justified.

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