Senior partner at Leeds law firm was discriminated against because of his age, panel finds

Martin Scott served Walker Morris for many years as a partner and head of the firm's construction and engineering department.

His wide experience in high-profile disputes had been recognised by his inclusion in the Legal 500 of top specialist global lawyers.

The tribunal heard that the mandatory retirement age for partners at Walker Morris is 60, with the right to request an extension of three years and once that period expires, for a further two years.

In 2020 Mr Scott’s request to continue until the age of 63 was granted on the grounds that he had made an "exceptional contribution".

But, in 2023 he was denied a further two-year extension.

In its judgment, the panel unanimously concluded that the firm had breached the Equality Act 2010.

While direct discrimination on grounds of age can in relatively narrow circumstances be justified, the tribunal found Walker Morris had failed to produce evidence to show its approach was reasonably necessary and concluded that several less discriminatory alternatives had been available.

The tribunal found that Walker Morris' approach was underpinned by "discriminatory assumptions about and attitudes towards older partners".

It also said in the case of Mr Scott "there was no evidence before us of performance deteriorating by age 63”. The panel found: “We take judicial notice of the fact that many employers have now abolished retirement ages entirely, and that those who retain them tend to have higher retirement ages.

"The respondent was ‘bucking the trend’ by insisting on a presumptive retirement age of 60 and making extensions beyond 60 subject to exceptional performance.”

No other partner as yet, the panel said, had been granted a second extension at 63 at Walker Morriss.

Giles Ward, a senior partner with Leeds solicitors Milners, which represented Mr Scott, said the ruling served as a warning to employers tempted to cut costs or free up the promotion ladder by using mandatory retirement policies to shed senior staff.

Walker Morris said they were disappointed and will be considering their response.

A spokesperson said: "In common with other professional services firms, our partnership has agreed rules covering the retirement of partners which we follow in a full and fair manner.

"These rules were intended to open-up partnership opportunities for future generations. Mr Scott voted in favour of changes to our retirement rules and indeed benefitted from them when his retirement date was extended in 2020."

A ruling on compensation will be made by a panel including an employment judge following a remedy hearing in Lee ds in May.