Clarifying When a Contractual Retirement Age is Justified

Posted in : Supplementary Articles NI on 29 May 2012
Majella Culbert
PwC Legal
Issues covered:

We asked Majella McGuinness, solicitor, of PricewaterhouseCoopers Legal LLP to examine the recent case of Seldon v Clarkson Wright and Jakes.

Since 1 October 2011, your business hasn’t been able to rely on a national default retirement age to dismiss employees when they reach the age 65. You’re only able to legally retire employees at 65 (or any other age) if there’s a clear, objective justification for the use of a contractual retirement age. The Supreme Court's decision in Seldon provides businesses with some guidance around when a contractual retirement age is acceptable.

On 25 April 2012, the Supreme Court handed down its judgment in the case of Seldon v Clarkson Wright & Jakes (a

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This article is correct at 06/08/2015

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Majella Culbert
PwC Legal

The main content of this article was provided by Majella Culbert. Contact telephone number is 028 9041 5198 or email

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