Bloxham Case: Age Discrimination Found To Be Justified

The Employment Tribunal that heard the high-profile case of age discrimination between Peter Bloxham and City law firm Freshfields Bruckhaus Deringer yesterday ruled that there had been discriminatory treatment but that this was justified. The case highlights the fact that even if an employer engages in direct discrimination under the Employment Equality (Age) Regulations 2006, they are able to use the defence of justification, and provides an indication of how this may be applied by tribunals.

Mr Bloxham had claimed that the transitional pension scheme operated by Freshfields on the closure of its existing pension scheme was directly discriminatory. Under the old scheme and the transitional arrangements, a partner who was 54 at the date of closure of the scheme and retired with consent would be subject to a discounted pension whereas those who were 55 and over at that time would receive their full entitlement. As Mr Bloxham was 54 and had only received a discounted