Seldon v Clarkson, Wright & Jakes | Employment Law Advocates

The Court of Appeal’s judgment in Seldon v Clarkson Wright & Jakes upholds the EAT’s decision that a policy to retire partners at 65 is justifiable as a proportionate means of achieving a legitimate aim. One of Mr Seldon’s main points of attack on appeal was that the Tribunal should have focused on whether the rule’s applicability to him was justified rather than the general legitimacy of the policy. The Court’s finding was that whilst this should be considered, it is an easy test to meet once it is established that the policy is justified. The Court also affirmed the principle in Crossley v British Airways that permits ex post facto justification, finding that this applies equally to direct discrimination as it does to indirect discrimination.