Coming of Age | Foot in Mouth Disease

Hello and welcome to this week’s employment law news from Reculver Solicitors.

Coming of Age
Whilst many of us are only too keen to retire at the age of 65 or earlier, others would like to work beyond that age and see no reason why they should be retired.

In Seldon v Clarkson Wright & James, partners in a legal practice had to resign aged 65. Partner Mr Seldon thought this was discriminatory on the grounds of age. The Employment Tribunal however found that although this was discriminatory, it was justified. The Employment Appeals Tribunal took the view that the assumption that performance tails off at around this age was not supported by any evidence and involved stereotyping.

It is worth remember that the Age Discrimination Regulations do still set the automatic retirement age at 65. Also, do remember that employees have the statutory right to ask to work beyond their normal retirement date and employers must notify employees of this no more than one year and no less than six months before retirement is due to take place. Employers have to consider the request but are by no means obliged to agree.

Foot in Mouth Disease:
This week sees Princes Harry and Charles demonstrating a questionable approach to race relations in their choice of nicknames. In the recent case of English v Thomas Sanderson Ltd the Court of Appeal held that the Sexual Orientation Regulations 2003 do in fact protect a heterosexual man who is repeatedly tormented by homophobic banter (including names such as “faggot”) when (a) he is not gay, (b) he is not perceived or assumed to be gay by his tormentors, and (c) he accepts that they do not believe him to be gay. The banter arose purely because he had attended a boarding school and lived in Brighton. The two princes might be well advised to take a look at this decision.

With thanks to barrister Daniel Barnett for news of these decisions.

James Carmody
RECULVER SOLICITORS

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