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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.
Our office will be closing for the holiday period at 12.00pm on Friday 23rd December 2011 and will reopen again until 10.00am on Tuesday 3rd January 2012. Advocates will ...
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An important decision was handed down by the Supreme Court yesterday when it overturned the decision of the Court of Appeal in R (on the application of G) v The Governors ...
020 7489 2165
info@employmentlawadvocates.com
Employment Law Advocates
Hamilton House
1 Temple Avenue
London
EC4Y 0HA