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20 April 2007 / Jonathan Swift
Issue: 7269 / Categories: Features , Discrimination , Terms&conditions , Employment
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Pale, stale, male

Can compulsory retirement ages survive the onslaught of equality legislation, asks Jonathan Swift

Is it a truth universally acknowledged that an older man in possession of a good fortune must be in want of a discrimination claim? The overwhelming majority of people who have sought the protection of the American Age Discrimination in Employment Act 1967 have been men of a certain age. Hence the rise of the ‘pale stale male’, the stereotype equivalent for discrimination lawyers of the ‘dead white European male’ beloved of social historians. This is not altogether surprising in the US since its Act only seeks to protect those aged 40 and over and, within that class, those with the most to lose have tended to be men in professional and managerial positions.

COMBATING DISCRIMINATION

The prohibition on age discrimination contained within Council Directive 2000/78/EC (the Directive) is of a different nature. It is not aimed simply at discrimination against the old. Instead it seeks to combat unlawful discrimination “on grounds of…age”: in principle providing protection for people

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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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