Age Discrimination and Partnerships – The Seldon AppealAugust 2010
Many firms have in their partnership or LLP agreements a requirement on partners to retire at a certain age. As you will know, that provision is potentially discriminatory and so may be unenforceable, or if enforced against an unwilling partner, may give rise to a damages claim.
Michael Archer reports on the Court of Appeal decision in the case of Seldon v Clarkson Wright and Jakes where, in the circumstances of that firm, the compulsory retirement clause was upheld. The case gives important guidance on what justification for having a compulsory retirement age will stand up to legal scrutiny.
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