Seldon loses age discrimination claim

Former senior partner Leslie Seldon has lost his six-year age discrimination claim.

An employment tribunal has held that the provision in the partnership agreement of Clarkson Wright & Jakes requiring partners to retire at 65 was “justified in all the circumstances”. Last year, the Supreme Court dismissed Seldon’s appeal but held that the tribunal had erred in law by using the wrong justification test.

The tribunal held that retention of staff and planning were legitimate aims and that the retirement provision was proportionate. However, it noted that Seldon was a partner with equal bargaining power and had signed a revised partnership agreement the previous year. It also noted that, in 2006, there was still a designated retirement age of 65 for employees.

Clarkson Wright & Jakes stated: “Societal norms about people working beyond 65 have moved on...the tribunal specifically stated that the case might be decided differently on similar facts arising today.”