I finally found the time to get through the detail of the Bloxham v Freshfields judgment. One thing that I find interesting from the tribunal’s decision is that some commentators in the press indicated that the decision suggests it is now a straightforward matter for a firm to justify age discrimination by going through consultation. Having read the judgment, I’m not convinced it provides other firms with the level of comfort they suggest.
Yes, the decision says Freshfields comfortably passed the test of showing it was a proportionate means of achieving a legitimate aim but it is clear the hoops that Freshfields jumped through in preparing for and consulting with the partners were extensive. Instead, I would argue that the reason Freshfields “comfortably passed” the above test was precisely because of the painfully detailed level of steps and consultative process it apparently followed in finalising the pension reforms.
