Recorder not so retiring at 65

The case of the retired Freshfields law firm partner who failed in his claim for age discrimination was widely reported before Christmas.  In that the tribunal upheld the firm’s approach to the deduction of monies from a pension scheme on the basis that although it was found to discriminate on the grounds of age, the approach adopted had been a “proportionate means of achieving a legitimate aim”, the legitimate aim being, inter alia, to achieve fairness towards the younger partners.  It was therefore not unlawful.

Now, however, a part-time recorder (judge) has succeeded in his claim for age discrimination against the Lord Chancellor after being forced to retire at 65.  Recorders are not employees, therefore the statutory provisions on being able to dismiss by reason of retirement at 65 do not apply.  The Lord Chancellor tried to argue that retiring recorders at 65 provided for a better through-flow of new talent, ensuring quality and diversity, but the tribunal disagreed.  This was found not to be a “proportionate means of achieving a legitimate aim”.

If anyone was beginning to think that the age discrimination regulations lacked force, this is a timely reminder that each case will be examined on its own facts, and that businesses will need to be able to justify their actions if treating anyone less favourably on the grounds of age.

If you have any concerns about age discrimination or would like to discuss the topic further please contact Barbara Murrie.