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Age discrimination: The Seldon case

by on April 30, 2012

Now that the Supreme Court has ruled in the Seldon age discrimination case, there is plenty for legal and social commentators to chew on in terms of what the judgment (here) means in relation to age at work.

For example, can mandatory retirement ever be legally justified? It looks as if organizations will need to show why their selected age of say, 65, is appropriate and necessary, as opposed to another age.

Can it be legitimate for an organization to avoid managing the performance of its older workers (on the grounds of preserving their ‘dignity’) if it already has a sophisticated performance management system in place? Is preserving ‘dignity’ a legitimate aim?

This particular case has been referred back to the Employment Tribunal for it to decide if making Mr Seldon retire at 65 (rather than some other age) was proportionate.

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