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Case

Compulsory Retirement Age directly discriminatory but capable of justification

Case – Compulsory Retirement Age directly discriminatory but capable of justification


Interesting case in the UK Seldon v. Clarkson Wright and Jakes 2012UKSC16  whereby the Supreme Court held that the compulsory retirement age contained in the firm’s deed of partnership was a directly discriminatory measure but that it was capable of justification.  The case was remitted back to the Employment Tribunal for consideration of whether the selection of the specific age of 65 was a proportionate means of achieving those aims in the circumstances of the particular firm.

The test for justifying direct age discrimination in UK is now that employers must show:

  • they have a legitimate aim
  • the aim is potentially legitimate in that it is capable of being a public interest aim
  • the aim is also legitimate in the particular circumstances of the case, and
  • the means chosen to achieve the aim must be both appropriate and necessary.