Former Walker Morris partner wins age discrimination claim after forced retirement at 63

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By Legal Cheek on

7

Rules were intended to make way for younger lawyers

Martin Scott

A former equity partner at a large regional law firm has won an employment tribunal claim after being forced to retire at 63.

Martin Scott had worked at Leeds firm Walker Morris since 1990, becoming an equity partner in 1997, but was forced to retire after passing over 60 years of age.

The tribunal heard that the firm had a policy of making partners aged over 60 reapply to stay on at the firm in order to target “intergenerational fairness” and the need to provide progression opportunities to younger partners.

Whilst Scott was successful in his first application to remain at the firm after showing that he would make an “exceptional contribution”, he was unable to do so a few years later, the firm claimed. He was therefore forced out of the firm at just 63.

The employment tribunal sided with Scott, finding that had he been aged under 60 he would not have been subjected to the same treatment. The refusal of both the Walker Morris board and partners to grant the renewed application amounted, therefore, to less favourable treatment because of age.

It went on to decide that the policy was not a proportionate means of achieving a legitimate aim. There was no evidence, the tribunal said, that the firm needed to free up equity in order to give progression opportunities to younger partners, with the outfit unable to identify anyone who had left due to a perceived lack of progression.

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The firm’s former managing partner’s suggestion that “the performance of many, or even most partners begins to decline in the latter years of their career” was “not supported by any documentary or objective evidence. It was entirely anecdotal and based upon his personal beliefs and perception”, the tribunal added. There was equally no evidence that partner performance was an issue at the firm.

A remedy hearing will follow.

In a statement, Walker Morris said: “We are disappointed by the findings of the employment tribunal and will be considering our response.”

“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,” the firm continued.

For reference, judges have a mandatory retirement age of 75. State pensions are only accessible from 66, with a rule change set to raise this up to 67 and then 68.

7 Comments

30 year old

Imagine making equity within 7 years and moaning about being forced out at 63. By the time I make equity partner, if I ever do, I will probably be in my 40s or 50s, after decades of practice. Completely different world now. Quite frankly, it’s pretty sh1t.

anon

If you think not making equity partner at a law firm until 40 or 50 is ‘pretty sh1t’, you must be a pretty ungrateful person.

30 year old

It is not ungrateful to want a share in the spoils of a firm when I have worked, am working and will probably continue to work significantly harder and more effeciently than my firm’s current equity partners, most of whom barely show up to the office, frequently leave early on a whim, regularly attend liquid lunches and spend significant time playing golf or being engaged in other leisurely activities during working hours in the name of “business development”. Not to mention, despite being “middle class” on a respectable salary, I barely have anything to show for it because of the cost of living crisis and insanely high childcare costs.

I am perfectly entitled to be annoyed at having to listen to equity partners boast about their £10,000 holiday when, at 30 years old, I do not even have that in savings, despite being more than 5 years qualified, and with the knowledge that if I ever do make equity (a slim chance), I sacrificed my youth and mental health to get there for the sake of my family, when the old boys became equity partners in their youth and take everything they have for granted.

E Quity

How can one afford a holiday for just £10k? Half-term just set me back £25k.

B coburn

Perhaps equity partnership should be based upon case win performance?

Forever Associate

It frequently takes 12 – 15 years to be made up to salary partner at big firms in my practice area. And for those brave enough to go for the title, many still never make it on to the equity ladder.

But it’s ok, we can spare this boomer’s hurt feelings about having equity for a mere ~27 years and potentially earning >£10m during that time. And this will be an excuse for the current old guard to continue gate keeping.

Private practice has become such trash, and stuff like this adds to my frustration in sticking it out in this career path. Excuse me while I go watch Logan’s Run.

Heh

@Forever Associate.

Oh come off it. Have you even read the judgment? He was clearly given a dreadful time of it, it’s clear he was actually instrumental in getting rid of “the old guard”, the firm just behaved shockingly.

To be fair WM doesn’t have the best track record in the last 5 years, Scott is probably best away from it.

As for our frustrations, our problems, we chose them.

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