Age Discrimination Case to Set Legal Precedent

Thu, 16 Jul 2009

The government has intervened in a legal case regarding age discrimination, fearing the outcome may set a dangerous precedent. Solicitor Leslie Seldon from Bidborough in Kent is claiming his Orpington based law firm, Clarkson Wright Jakes, discriminated against him on the grounds of age when they asked him to leave at the normal retirement age in line with his partnership agreement.

At a time when the government is proposing to scrap the retirement age, the case represents an important benchmark. Dinah Rose QC, representing the Department for Business, Innovation and Skills who are opposing Mr Seldon, is to argue that the case raises ‘important questions of policy and principle’ at the two day hearing at the Court of Appeal .

The case is the first time that the Court of Appeal has had the chance to assess whether and how direct age discrimination may be justified. The introduction of the Employment Equality (Age) Discrimination Regulations in 2006 may render the government’s compulsory retirement age unlawful under EU law .

Mr Seldon was a senior civil litigation partner at his legal firm for 35 years. His claim of age discrimination was dismissed by an Employment Tribunal and an Employment Appeal Tribunal, both of whom claimed it could be lawful to force partners to leave if it gave younger solicitors the chance to make partner.
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