15 May 2012 #Employment
The case of Seldon v Clarkson Wright and Jakes illustrated that the test for justifying direct age discrimination is different and narrower than the general test for justifying indirect discrimination.
In this case a partner from the Respondent firm of solicitors was forced to retire at the age of 65. It was found that the compulsory retirement age contained in the firm’s deed of partnership was directly discriminatory. However this could be justified as it was founded on legitimate social policy aims.
The case was remitted back to the employment tribunal for consideration of whether the employer in choosing the specific age of 65, was a proportionate means of achieving those aims in relation to the particular business.
The test for justifying direct age discrimination is that employers must consider and/or identify: