Can age discrimination ever be justified?
The default retirement age was abolished in 2011, meaning that imposing an internal compulsory retirement age will be direct age discrimination unless it is objectively justified as a proportionate means of achieving a legitimate aim. The Supreme Court, when considering this justification test in Seldon v Clarkson Wright and Jakes, stated that individual aims of the employer are not, in themselves, sufficient. There must also be reference to a public interest aim that is consistent with the state’s social policy.
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