Seldon – what does it actually mean for retirement?
It is a common myth that ‘Seldon’ only applies to law firms and partners in law firms. This is not true; it applies widely across all sectors dealing with the difficult issues of retirement and may, therefore, be of interest to you and your clients.
Age is a “protected characteristic” in the world of employment discrimination law, along with sex, disability, race, national origin, etc. Since the abolition of the default retirement age, it has been age discrimination (both direct and indirect) to force an employee to retire at a certain age. This has left employers in a quandary about whether or not they can retire employees and, if they can, how they do it.
It is still possible to compulsorily retire employees but only when the decision to do so can be objectively justified, ie, you can establish that compulsory retirement is a proportionate means of achieving a legitimate aim.