header-logo header-logo

Age concern

istock_000020322761medium_4

European Directives strike again Spencer Keen & Monika Sobiecki investigate

The Supreme Court has delivered its judgments in the appeals of Seldon v Clarkson Wright and Jakes [2012] UKSC 16, [2012] All ER (D) 121 (Apr) and Homer v Chief Constable of West Yorkshire Police [2012] UKSC 15, [2012] All ER (D) 122 (Apr). These cases answer important questions about the justification of direct and indirect age discrimination, and in particular, how mandatory contractual retirement ages can be justified.

Seldon & direct discrimination

In Seldon, the appellant was a partner in a law firm. A succession of partnership deeds provided for the mandatory retirement of partners at 65. For financial reasons, Mr Seldon wished to work for three further years, and made a series of proposals with a view to doing so. These were all rejected by the other partners. He automatically ceased to be a partner, in accordance with the partnership deed, on 31 December 2006. The respondent firm claimed that his treatment was justified,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll