Seldon v Clarkson Wright & Jakes

The Court of Appeal has given its first substantive judgment on justifying direct age discrimination. It ruled that a mandatory retirement age of 65 contained within a partnership deed can be justified on the basis of both encouraging recruitment and retention of associates and enhancing collegiality. It rejected the submissions of the EHRC that justification is only possible on grounds of state-level social policy.

Tom Croxford represented the Respondent law firm. Dinah Rose QC and David Pievsky represented the Secretary of State who intervened in the proceedings.