The case of Seldon v Clarkson Wright & Jakes is now due to be heard in the Court of Appeal. It will consider the circumstances in which a compulsory retirement age for partners can be justified as a proportionate means of achieving a legitimate aim. The Seldon appeal was stayed on 13 July 2009, pending judgment in the Heyday case. The Heyday judgment, which was handed down on 25 September 2009, ruled that the UK's exemption allowing the compulsory retirement of employees at 65 does not breach EU law as detailed in our Employment e-bulletin. Although the employee exemption does not apply to partnerships or LLPs, some of the issues that were considered in the Heyday case will be relevant to the Seldon appeal.

(Seldon v. Clarkson Wright & Jakes [2009] EWCA Civ 889 and R (on the Application of Age UK) v Secretary of State for Business, Innovation and Skills [2009] EWHC 2336 (Admin) (the Heyday judgment))