Man loses age discrimination case

A solicitors' partner who sued his own company for age discrimination has lost his legal fight.

Leslie Seldon was forced to retire when he reached the age of 65.

His case was initially referred to the European Court of Justice which said compulsory retirement is legal if part of a national employment policy, and its enforcement was legitimate if it achieved the aims of said policy.

It was then referred back to the High Court in London where, in September last year, Mr Justice Blake ruled that the age regulations were lawful.

Mr Seldon did not challenge this ruling and instead began an appeal case against his former employer this year, mainly on the grounds that his forced retirement was illegal as it was merely included in a clause within a partnership deed.

Robin Allen QC argued on behalf of the appellant that if Mr Seldon's former employer had no "social policy objectives" and was only motivated by self-interest then its aims were illegitimate, making the firm's compulsory retirement policy illegal.

Dismissing the appeal, Sir Mark Waller said that when a firm's practices appeared to share the government's social aim, they are not illegal.

IBB Solicitors' Employment team provides advice on the employment aspects of all major business decisions. For advice, contact a member of the team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk.