Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Recruitment & retention
    • Wellbeing
    • Occupational Health
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Recruitment & retention
    • Wellbeing
    • Occupational Health
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise

Employment lawLatest News

Age discrimination warning after partner wrongly forced to retire at 65

by Louisa Peacock 22 Dec 2008
by Louisa Peacock 22 Dec 2008

Age discrimination law and the default retirement age has been thrown back into the spotlight after an employment appeal tribunal (EAT) ruling, weeks before the final decision on Heyday is expected.

An EAT last week ruled that Leslie Seldon, a former senior partner at law firm Clarkson, Wright and Jakes, was wrongly forced to retire at 65, because of a discriminatory assumption that his work had “dropped off” since passing the default retirement age.
Under age discrimination laws introduced in 2006, partners are excluded from the default retirement age, but can be justifiably made to retire at 65 to achieve business aims – for example, to aid workforce planning.

However, while the original employment tribunal ruled in the Kent-based law firm’s favour, the EAT judge rejected Clarkson’s argument that partners should be retired at 65 because their performance reduced from that age.

Justice Elias said “there was no evidential basis for that assumption”. He remitted the case back to the original tribunal to assess whether there were other reasons which could justify their retirement age of 65.

Schona Jolly, employment and discrimination barrister at Cloisters, said: “This decision, concerning the compulsory retirement of partners from a solicitors’ practice, provides welcome guidance on the need for tribunals to avoid making age stereotypical assumptions about those reaching retirement age.

“In particular, it ought to warn employers off from making unfounded assumptions that a person’s work performance drops away at around age 65.”

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

Meanwhile employers are eagerly awaiting the final European Court of Justice (ECJ) decision regarding the Heyday case, which challenages the default retirement age for all employees, expected in early 2009. The ECJ’s advocate general ruled against the charity’s challenge earlier this year.

Although not binding, the advocate general’s opinion may be an indication of the ECJ’s decision, expected early next year.

 

Louisa Peacock

previous post
Security staff wages and conditions to be improved after union deal
next post
Toyota losses trigger redundancy fears

You may also like

How to stop flying blind with workforce planning

3 Sep 2025

Specsavers director suspended over wrongful expense claims of...

3 Sep 2025

New ‘failure to prevent fraud’ law a ‘game-changer’

2 Sep 2025

PCs removed from firearms unit after Tallia Storm...

2 Sep 2025

Top 10 HR questions August 2025: Conduct outside...

2 Sep 2025

Nestlé sacks CEO over ‘undisclosed’ romantic affair

2 Sep 2025

Revolut employees to receive share sale payout

2 Sep 2025

Personnel Today Awards 2025 shortlist: Health and wellbeing

2 Sep 2025

Deloitte to hire 1,500 graduates and apprentices

2 Sep 2025

Airbus strikes postponed after new pay offer

1 Sep 2025

  • Work smart – stay well: Avoid unnecessary pain with centred ergonomics SPONSORED | If you often notice...Read more
  • Elevate your L&D strategy at the World of Learning 2025 SPONSORED | This October...Read more
  • How to employ a global workforce from the UK (webinar) WEBINAR | With an unpredictable...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Recruitment & retention
    • Wellbeing
    • Occupational Health
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise