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Seldon v Clarkson Wright & Jakes [2009] IRLR 267 EAT

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Now In: Age discrimination > Direct discrimination

XpertHR has 4 case reports relating to the case: Seldon v Clarkson Wright & Jakes [2009] IRLR 267 EAT.
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Case of the week: Compulsory retirement
Source: Personnel Today  Date: 10-02-2009
This week's case of the week, provided by Speechly Bircham, covers compulsory retirement.

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Seldon v Clarkson Wright & Jakes
Source: XpertHR case report  Date: 05-01-2009
The Employment Appeal Tribunal has held that maintaining the friendly culture of a law firm by avoiding confrontation with underperforming partners close to retirement was not a legitimate aim that could justify the compulsory retirement of partners at 65.

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Age discrimination: Standard of justification in cases of direct discrimination is in principle the same as that in cases of indirect discrimination
Source: IRS Employment Review  Date: 23-02-2009
In Seldon v Clarkson Wright & Jakes EAT/0063/08, the EAT ruled that the standard of justification in cases of direct age discrimination is, in principle, the same as that in cases of indirect age discrimination. However, it concluded that, although a firm of solicitors was entitled to adopt a compulsory retirement age for its partners, fixing this at 65 on the basis that performance would tend to tail off after this age relied on a stereotypical assumption not supported by any evidence.

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Monthly law update: February 2009
Source: Occupational Pensions  Date: 01-02-2009
Occupational Pensions presents its monthly law update detailing the progress of legislation and listing relevant new Regulations, other new regulatory material and new court and tribunal rulings.

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