Source: All England Reporter
Publisher Citation: [2012] All ER (D) 121 (Apr)
Neutral Citation: [2012] UKSC 16
Court: Supreme Court
Judge:

Lord Hope DP, Lady Hale, Lord Brown, Lord Mance and Lord Kerr SCJJ
Representation 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).
Judgment Dates: 25 April 2012

Catchwords

Employment - Discrimination - Discrimination on grounds of age - Employee partner in defendant solicitors firm - Retirement clause in partnership deed providing for retirement of equity partners at age of 65 - Whether aims of retirement clause capable of being legitimate aims for the purpose of justifying direct age discrimination - Whether defendant required not only to justify retirement clause generally but also application of it in instant case - Whether employment tribunal correct to conclude that relying on the clause in instant case a proportionate means of achieving any or all of identified aims - Employment Equality (Age) Regulations 2006, , - Council Directive (EC) 2000/78, arts 1, 2, 4(1), 6 - .

The Case

Employment Discrimination. The Supreme Court held that the employee's claim regarding alleged age discrimination would be referred back to the employment tribunal, where it was appropriate that the tribunal decide whether a mandatory age of 65 was a proportionate means of achieving the legitimate aims of the solicitors' firm in which the employee had been a partner.

Practice Areas

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