Leeds law firm Walker Morris loses tribunal over age discrimination in landmark employment case.
A senior partner who was “forced out” of top Leeds law firm Walker Morris LLP has won a landmark age discrimination employment tribunal, in a ruling likely to have significant implications for mandatory retirement policies across Yorkshire’s legal sector and beyond.
Martin Scott (pictured), formerly head of Walker Morris’s construction and engineering department and recognised by the Legal 500 for his expertise, successfully challenged the firm’s mandatory retirement policy.
Scott, represented by Leeds-based Milners Solicitors and Matrix Chambers’ counsel Darryl Hutcheon and Hugh Tomlinson KC, argued that the firm’s refusal to allow him to continue working beyond 63 was unlawful under the Equality Act 2010.
The tribunal, which delivered a unanimous judgment, found that Walker Morris unlawfully discriminated against Scott by applying mandatory retirement rules without adequate justification. Despite granting Scott an initial extension in 2020 due to his “exceptional contribution,” the firm refused a subsequent request in 2023, requiring him to leave based on his age. Notably, a Walker Morris spokesperson said that Martin Scott had voted in favour of the age-based policy while he was at the firm.
Critically, the tribunal determined that Walker Morris’s approach relied on “discriminatory assumptions about and attitudes towards older partners,” specifically highlighting that assumptions about declining energy and performance among senior staff were unsupported by any objective evidence.
Giles Ward, a senior partner at Milners Solicitors, pointed to parallels with the Supreme Court’s key decision in Seldon v Clarkson Wright & Jakes, highlighting the tribunal’s reinforcement of established age discrimination protections.
“This far-reaching judgment will be of obvious interest to law firms and other professional service firms across the UK with mandatory retirement policies,” he said.
Commenting on the judgement, a Walker Morris spokesperson 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.”
A remedy hearing to determine compensation for Scott will be held in Leeds this May.
Image provided by Different PR
Josie Geistfeld
Josie Geistfeld is Editor of Yorkshire Legal News. She welcomes comments and questions.