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Seldon case goes to the Supreme Court

14 February 2011

More uncertainty for employers thinking of justifying a retirement age

Last week the Supreme Court granted leave to appeal to Mr Leslie Seldon who claims that he was the subject of unlawful age discrimination when, as a partner, he was forced to retire from his law firm in December 2006 because he had reached the age of 65.

The case is of wide significance because following the forthcoming repeal of the DRA the legality of any compulsory retirement will be assessed by reference to the same objective justification test as is in dispute here, ie whether the retirement is a proportionate means of achieving a legitimate aim.

Mr Seldon’s case is being supported by the EHRC.

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