By Neil Rose



A Kent law firm has persuaded an employment tribunal that its equity partners can be made to retire at the age of 65.



Ten-partner Clarkson Jakes & Wright (CJW) was sued for age discrimination by former senior partner Leslie Seldon, but the tribunal accepted that a compulsory retirement age was necessary to develop and grow the firm, and maintain its culture.



In a decision that should give comfort to firms across England and Wales, the tribunal agreed that giving associates the chance of partnership - ensuring they do not leave - justified retiring partners at 65.



Facilitating the planning of the partnership and workforce by having a realistic long-term expectation as to when vacancies will arise was also a legitimate aim, as was limiting the need to expel partners by way of performance management, thus contributing to the firm's collegiate culture.



The tribunal concluded that the compulsory retirement rule was a proportionate means of achieving legitimate aims and was therefore objectively justified.



However, it did find that CJW had victimised Mr Seldon by withdrawing a goodwill offer of £30,000 in recognition of his retirement, after he gave notice of his intention to bring a claim. There will now be a remedies hearing.



CJW managing partner Andrew Wright was pleased with the result, saying the 'tribunal does seem to have taken a reasonably common- sense approach to the position'.



Mr Wright said a straw poll CJW conducted of fellow members of LawNet indicated that many other firms had also not changed their retirement age following the 2006 age discrimination law.



Buckinghamshire firm BP Collins acts for Mr Seldon. In a statement, it said: 'We believe that this claim raises important questions of how to take the correct approach when justifying direct discrimination. It is Mr Seldon's intention to lodge an appeal.'



Writing in this week's Gazette, partnership law expert Ronnie Fox said the decision is more likely to be followed in cases involving similar types of firm, where there is an emphasis on the collegiate culture.



While managing under-performance by expelling a partner may conflict with the culture of a firm like CJW, the argument might not work 'if raised by a larger firm with a more competitive culture and a corporate style of management', he said.



See Management, page 12