TRIBUNAL: City firm's actions deemed to be 'proportionate'


City firm Freshfields Bruckhaus Deringer has successfully fought off a £4.5 million age discrimination claim.



The Central London Employment Tribunal ruled last week that direct discrimination against a former partner had been proved, but was legally justifiable as 'a proportionate means of achieving a legitimate aim'.



Peter Bloxham lodged the claim arguing that revisions to the firm's pension scheme left him disadvantaged because of his age. Under the new pension arrangements, he was deemed one year too young to receive 100% entitlement.



The tribunal, however, found that the firm's reforms were justifiable under the law because, unchanged, the pension scheme was increasingly disadvantaging younger partners and was unsustainable.



Dawsons employment partner Jo Keddie, who acted for Mr Bloxham, said: 'Our client is naturally disappointed, but his case has clarified the interpretation and application of the new law. Although the tribunal's decision has not gone his way, he was entirely justified in questioning a process that has been shown to be discriminatory.'



Guy Morton, Freshfields' joint senior partner, said: 'It is a pity that this misguided claim was ever brought to the tribunal. We are pleased the tribunal has recognised that both the reforms to our partner pension scheme, and the procedures through which they were adopted, were fair.'



Freshfields was advised by Lewis Silkin's head of employment, Michael Burd.



Jonathan Rayner