header-logo header-logo

A justified end?

Is a retirement age of 65 now lawful? Sejal Raja reports

Since the government abolished the mandatory retirement age last month, many employers have erred on the side of caution and removed the contractual retirement age for their employees. However, the recent Supreme Court decision in Seldon v Clarkson Wright and Jakes [2012] UKSC 16, [2012] All ER (D) 121 (Apr) could provide the certainty employers need before adopting a contractual retirement age of 65.

Seldon provides some clarity in that it identifies and confirms that the legitimate aims put forward by the law firm, Clarkson Wright and Jakes, are justified, namely: giving associates an opportunity of partnership within a reasonable time and thereby an incentive to remain with the firm; facilitating workforce planning by knowing when vacancies are to be expected; and limiting the need to expel under-performing partners, thus contributing to a congenial and supportive attitude within the firm.

Discriminatory test

The test to determine discriminatory conduct, in this case direct age discrimination, is set out

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

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Sidley—Jeremy Trinder

Sidley—Jeremy Trinder

Global finance group strengthened by returning partner in London

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

NEWS
A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
The long-running Mazur saga edged towards its finale as the Court of Appeal heard arguments on whether non-solicitors can ‘conduct litigation’. Writing in NLJ this week, Professor Dominic Regan of City Law School reports from a packed courtroom where 16 wigs watched Nick Bacon KC argue that Mr Justice Sheldon had failed to distinguish between ‘tasks and responsibilities’

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
back-to-top-scroll