The Upcoming
  • Cinema & Tv
    • Movie reviews
    • Film festivals
      • Berlin
      • Tribeca
      • Sundance London
      • Cannes
      • Locarno
      • Venice
      • London
      • Toronto
    • Show reviews
  • Music
    • Live music
  • Food & Drinks
    • News & Features
    • Restaurant & bar reviews
    • Interviews & Recipes
  • Theatre
  • Art
  • Travel & Lifestyle
  • Literature
  • Fashion & Beauty
    • Accessories
    • Beauty
    • News & Features
    • Shopping & Trends
    • Tips & How-tos
    • Fashion weeks
      • London Fashion Week
      • London Fashion Week Men’s
      • New York Fashion Week
      • Milan Fashion Week
      • Paris Fashion Week
      • Haute Couture
  • Join us
    • Editorial unit
    • Our writers
    • Join the team
    • Join the mailing list
    • Support us
    • Contact us
  • Competitions
  • Facebook

  • Twitter

  • Instagram

  • YouTube

  • RSS

Forced retirement of over-65s is possible, if justified

Forced retirement of over-65s is possible, if justified
26 April 2012
Abbie Cavendish
Avatar
Abbie Cavendish
26 April 2012

Following a landmark ruling on Wednesday, a court has ruled that firms can force older employees to retire if their retirement is in “the public interest”.

The court said that it was acceptable for a top City law firm to force it’s partner, Leslie Seldon, to retire on the basis that all junior associates had to be given the chance to “move up the ranks”, and that vacancies for senior positions should justly arise on a regular basis.

The ruling is significant in that it looks sure to pave the way for companies to dismiss older workers to make way for younger, entry-level employees to enter the company and work their way up within it.

Mr Seldon had taken Clarkson Wright & Jakes to court as he believed they had flouted age quality regulations as they were at the time of his forced retirement in 2006 (the law was replaced by the Equality Act in 2010).

In the wake of the recession, with such a high level of youth unemployment, it is in the best interest of large companies to open up as many positions as possible for young people, the judgement signalled.

To be able to force the retirement of elder employees, companies will have to prove that they are replacing forced retirees with younger staff, in order to qualify for “public interest” allowances.

Lady Hale, who gave the leading judgement on the case, explained: “Improving the recruitment of young people, in order to achieve a balanced and diverse workforce, is in principle a legitimate aim, but if there is in fact no problem in recruiting the young and the problem is in retaining the older and more experienced workers, then it may not be a legitimate aim for the business concerned.”

An employment tribunal will go on to decide if it was fair to have forced Mr Seldon to retire at 65 years old, as opposed to 67 or 70 to determine whether his company were really acting in “the public interest” or whether they could have achieved their aims by allowing him to retire later.

Abbie Cavendish

Related Items

More in Uncategorised

Return to Seoul

★★★★★
Matthew McMillan
Read More

Marcel!

★★★★★
Andrew Murray
Read More

More than Ever (Plus que Jamais)

★★★★★
Matthew McMillan
Read More

Plan 75

★★★★★
Selina Sondermann
Read More

Enys Men

★★★★★
Andrew Murray
Read More

The Stranger

★★★★★
Andrew Murray
Read More

The Father and the Assassin at the National Theatre

★★★★★
Natallia Pearmain
Read More

The Amazons launch How Will I Know If Heaven Will Find Me? at Live Nation

Bev Lung
Read More

Dirty Dancing the Movie in concert at Apollo Theatre

★★★★★
Jim Compton-Hall
Read More
Scroll for more
Tap
  • Popular

  • Latest

  • TOP PICKS

  • Albert Adrià reopens Enigma on 7 June as a “fun-dining” restaurant and cocktail bar
    Food & Drinks
  • Paolo Nutini at the 100 Club
    ★★★★★
    Live music
  • Crimes of the Future: Three new clips from David Cronenberg’s dystopian body horror film
    Cannes
  • When You Finish Saving the World
    ★★★★★
    Cannes
  • The Father and the Assassin at the National Theatre
    ★★★★★
    Theatre
  • Return to Seoul
    ★★★★★
    Cannes
  • Marcel!
    ★★★★★
    Cannes
  • More than Ever (Plus que Jamais)
    ★★★★★
    Cannes
  • Plan 75
    ★★★★★
    Cannes
  • Enys Men
    ★★★★★
    Cannes
  • More than Ever (Plus que Jamais)
    ★★★★★
    Cannes
  • Plan 75
    ★★★★★
    Cannes
  • Dirty Dancing the Movie in concert at Apollo Theatre
    ★★★★★
    Theatre
  • Feminine Power: The Divine to the Demonic at the British Museum
    ★★★★★
    Art
  • Eo (Hi-Han)
    ★★★★★
    Cannes
The Upcoming
Pages
  • Contact us
  • Join mailing list
  • Join us
  • Our London food map
  • Our writers
  • Support us
  • What, when, why
With the support from:
International driving license

Copyright © 2011-2020 FL Media

Bayern rally against Real to set up a German date with Chelsea; Final at the Allianz too tough to call
Unite criticises HSBC job rampage