Last year in the widely reported case of Bloxham v Freshfields Bruckhaus Deringer, the employment tribunal gave guidance on objective justification in relation to direct age discrimination for the first time. In that case it found that the implementation of a financially sustainable and fairer pension scheme which addressed disadvantage to younger partners, was a legitimate aim and that this aim had been achieved by proportionate means (including a lengthy consultation process).
There are now two further cases that also deal with objective justification – Hampton v Lord Chancellor & the Ministry of Justice and Seldon v Clarkson Wright & Jakes. Both cases involved policies of compulsory retirements at age 65.
