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Employer justified retirement age

Both Oxford and Cambridge have introduced an 'employer justified retirement age' (EJRA).

An example process is as follows:

  • Legal advice on the objective justification for retaining a retirement age
  • Consultation on the proposed EJRA, staff and trade unions
  • Equality impact assessment, consider alternatives and what age to adopt
  • Develop detailed policy and procedure with legal advice
  • Consultation on the policy and procedure
  • Approval by council and implementation

Seldon v Clarkson Wright and Jakes

The August UCEA Bulletin reports on the final decision on Seldon v Clarkson Wright and Jakes. The EAT held that a retirement age of 65 for partners in a law firm was appropriate and reasonably necessary to meet the legitimate aims of staff retention and workforce planning.

The importance of this case should not be over estimated as the tribunal made their assessment on the specific facts of the case and on the situation in 2006 (when Seldon was retired).

Page last updated July 2014