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25/04/2012
Landmark Ruling Could Allow Employers To Force Retirement
A landmark ruling by the UK Supreme Court has signalled that employers may have some power to force workers to retire.
The court unanimously dismissed an appeal by a solicitor who was told to retire by a City law firm just after his 65th birthday.
Leslie Seldon, a partner at Kent law firm Clarkson Wright and Jakes, wanted to continue working, but his request was turned down.
Mr Seldon argued that the decision to make him retire, which came before the default retirement age was abolished in October, was age discrimination.
However, his appeal was turned down, signalling that fairness between generations was a legitimate aim for employers.
The court said that employers needed to give particular consideration to whether a "public interest" was served when telling anyone to retire.
"All businesses will now have to give careful consideration to what, if any, mandatory retirement rules can be justified in their particular business," the judgement said.
Yet this could include reasons of succession and letting workers go at a certain age because of poor performance, so not having to dismiss them.
The case however was referred back to the employment tribunal to rule on whether 65 was an appropriate age for Mr Seldon to be told to go.
(H)
The court unanimously dismissed an appeal by a solicitor who was told to retire by a City law firm just after his 65th birthday.
Leslie Seldon, a partner at Kent law firm Clarkson Wright and Jakes, wanted to continue working, but his request was turned down.
Mr Seldon argued that the decision to make him retire, which came before the default retirement age was abolished in October, was age discrimination.
However, his appeal was turned down, signalling that fairness between generations was a legitimate aim for employers.
The court said that employers needed to give particular consideration to whether a "public interest" was served when telling anyone to retire.
"All businesses will now have to give careful consideration to what, if any, mandatory retirement rules can be justified in their particular business," the judgement said.
Yet this could include reasons of succession and letting workers go at a certain age because of poor performance, so not having to dismiss them.
The case however was referred back to the employment tribunal to rule on whether 65 was an appropriate age for Mr Seldon to be told to go.
(H)
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