Seldon v Clarkson Wright and Jakes [2012] UKSC 16, [2012] All ER (D) 121 (Apr)
Supreme Court, Lord Hope DP, Lady Hale, Lord Brown, Lord Mance and Lord Kerr SCJJ, 25 Apr 2012
The Supreme Court considered the question of age discrimination in employment in the context of a specified retirement age for employees of a partnership.
Robin Allen QC, Richard O’Dair and Dee Masters (instructed by Equality and Human Rights Commission) for the employee. Thomas Croxford and Emily Neill (instructed by Clarkson Wright and Jakes LLP) for the defendant. Dinah Rose QC and Emma Dixon (instructed by Treasury Solicitors) for the Secretary of State for Business, Innovation and Skills (intervening). Declan O’Dempsey (instructed by Irwin Mitchell LLP) for Age UK (intervening).
In 1971, the employee joined the defendant law firm. He became an equity partner in 1972. The firm’s partners’ agreement stated that partners would retire at the age of 65. The employee wished to continue to work for three more years and, in early 2006, he suggested to the defendant that he continue to work as a salaried