In Bloxham v Freshfields Bruckhaus Deringer 2205086/2006 (ET) an employment tribunal dismissed claims of direct and indirect age discrimination brought against the firm by a former partner. The claim arose out of changes the firm had made to its partners' pension scheme in an attempt to provide a more financially-sustainable scheme that was fairer to younger partners. The claimant argued that he was put at a disadvantage as a result of transitional arrangements that had been put in place for partners over the age of 55.

The tribunal held that, although the arrangements were prima facie discriminatory, they were justified. Reform of the pension scheme was a legitimate and necessary aim and, in the tribunal's view, the firm was comfortably able to show that the means used to achieve this aim were proportionate. In particular, it found that the aims of the reform could not have been achieved in any less discriminatory way.

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