Age discrimination: Compulsory retirement at age 65 was objectively justified
This report relates to 1 case(s)
The case went on to the Supreme Court, which held that the employment tribunal was entitled to find that the firm's aims were capable of being legitimate (Seldon v Clarkson Wright & Jakes (a partnership)  IRLR 590 SC). However, the case was sent back to the employment tribunal to consider the proportionality of a retirement specifically at 65 (Seldon v Clarkson Wright & Jakes ET/1100275/2007).
In Seldon v Clarkson, Wright and Jakes and Secretary of State for Business, Innovation and Skills  IRLR 865 CA, the Court of Appeal held that the employment tribunal did not err in finding the claimant's compulsory retirement at age 65 objectively justified. The policy was a proportionate means of achieving the legitimate aims of encouraging young people to seek employment, through the ability to offer good promotion prospects, and of promoting collegiality in the firm.