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Result of landmark retirement age case impending

16th January 2012

Legal recruitment agencies in London will be keeping a close eye on a landmark employment law case this week, the outcome of which could have a significant effect on the government’s new retirement age rules.

Since April last year, legislation has dictated that employers are not legally permitted to force workers to retire when they reach a certain age. However, the potentially historic case currently being considered by the Supreme Court involves a City law firm claiming their decision to remove a senior partner from his post when he turned 65 was justified. The company’s defence has been based on their belief that the implementation of its own default retirement age is integral to their structure, ensuring junior partners have some idea of when senior positions will become available.

If the Court rules in favour of the law firm, this may turn out to be a precedent-setting dispute. Despite the new legislation, it is likely that future cases would not generally be allowed to go against the employer, if the arguments presented were valid.