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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

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MOVERS & SHAKERS

Pillsbury—Lord Garnier KC

Pillsbury—Lord Garnier KC

Appointment of former Solicitor General bolsters corporate investigations and white collar practice

Hall & Wilcox—Nigel Clark

Hall & Wilcox—Nigel Clark

Firm strengthens international strategy with hire of global relations consultant

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Partner and associate join employment practice

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Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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