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.
The Court of Appeal has held that it could be legitimate for a law firm to have a cut-off age after which partners are required to retire to avoid forcing an assessment of their drop in performance, thus maintaining a confrontation-free workplace.
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