The claimant solicitor said that the compulsory retirement from his partnership on age grounds was discriminatory, and that the UK Regulations had not implemented the Directive fully.
Held: The appeal failed. The purpose of the provision as to allow the progression of younger members of the practice. This aim was recognised by the legislation, and ‘There is a margin of appreciation available to a national government which is not available to an employer or to parties entering into a partnership deed. But where a partnership is acting consistently with the social aim which has justified the legislative provision . . it would be to contradict that aim to render such a provision unlawful if the clause was a proportionate means of achieving the aim.’
Laws, Hughes, LJJ, Sir Mark Waller
[2010] EWCA Civ 899, [2010] IRLR 865, [2011] ICR 60, [2011] 1 All ER 770, [2011] 1 CMLR 5
Bailii
Council Directive 2000/78/EC, Employment Equality (Age) Regulations 2006 (SI 1031 No 2006)
England and Wales
Citing:
Cited – Felix Palacios de la Villa v Cortefiel Servicios SA ECJ 16-Oct-2007
ECJ (Grand Chamber) Spain had legislated for compulsory retirement when it wanted to encourage recruitment; then abolished it when economic circumstances improved and it wanted to encourage people to stay in . .
Cited – Incorporated Trustees of The National Council For Ageing v Secretary of State for Business, Enterprise and Regulatory Reform ECJ 5-Mar-2009
(Third Chamber) The trustees complained that the respondent had failed to implement the Directive, in that there remained, for example, rules allowing employers to have fixed retirement ages.
Held: The complaint failed. The Directive allowed . .
Appeal from – Seldon v Clarkson Wright and Jakes EAT 19-Dec-2008
EAT AGE DISCRIMINATION
A partnership had a provision in the Partnership Agreement which required partners to resign at 65 (although they could be kept on by agreement). The cl aimant alleged that this was . .
Cited – Schonheit v Stadt Frankfurt am Main; Becker v Land Hessen ECJ 23-Oct-2003
ECJ Social policy – Equal pay for men and women – Applicability of Article 119 of the EC Treaty (Articles 117 to 120 of the EC Treaty have been replaced by Articles 136 EC to 143 EC) and Article 141(1) and (2) EC . .
Mentioned – Cross, Gibson, Malone, Leckenby, Young v British Airways EAT 23-Mar-2005
EAT Transfer of Undertakings / Sex Discrimination
Claims by BA employees, retired at 55, for unfair dismissal and sex discrimination dismissed by ET and Applicants’ appeals dismissed. Contractual retirement . .
Leave – Seldon v Clarkson Wright and Jakes (A Partnership) CA 13-Jul-2009
Application for leave to appeal against claim of age discrimination by law firm on requiring a partner to retire. Granted . .
Cited by:
Appeal from – Seldon v Clarkson Wright and Jakes SC 25-Apr-2012
The appellant claimed that the requirement imposed on him to retire from his law firm partnership on attaining 65 was an unlawful discrimination on the grounds of age.
Held: The matter was remitted to the Employment tribunal to see whether the . .
Lists of cited by and citing cases may be incomplete.
Discrimination, European
Updated: 11 November 2021; Ref: scu.421115