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11. Regulation 30, which established the DRA, provided that employees at or over the age of 65 could be dismissed on the basis of retirement. In the Seldon case, the firm's partnership deed applied to partners (not employees). Therefore, the DRA and reg 30 did not apply.

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16. The collegiality aim was not raised due to a lack of evidence (at [8], [36]).

17. Seldon v Clarkson Wright & Jakes [2013] UKET 1100275/2007 (14 May 2013) at [76].

18. Ibid, at [77].

19. Ibid, at [92].

20. Seldon v Clarkson Wright & Jakes [2014] UKEAT/0434/13/RN (13 May 2014).

21. Seldon v Clarkson Wright & Jakes [2013] UKET 1100275/2007 (14 May 2013) at [64], [92].

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55. Manfredi and Vickers, above n 3, at 347.

56. See eg C Armstrong ‘Lack of job security: PhD students reject academia’, available at http://www.jobs.ac.uk/blogs/just-higher-ed/2009/03/16/lack-of-job-security-phd-students-reject-academia/ (accessed 24 September 2013).

57. S Lynch ‘Why PhD graduates are opting for a life in the fast lane’ The Independent 21 September 2007, available at http://www.independent.co.uk/student/postgraduate/why-phd-graduates-are-opting-for-a-life-in-the-fast-lane-464546.html (accessed 24 September 2013).

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63. Human Resources Division, University of Cambridge ‘Statement of policy’ (University of Cambridge, 31 May 2012), available at http://www.admin.cam.ac.uk/offices/hr/policy/retirement/statement.html (accessed 24 September 2013). For an analysis of whether these aims and policies are likely to be upheld if challenged, see Manfredi and Vickers, above n 5.Google Scholar

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65. Manfredi and Vickers, above n 3, at 347.

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69. Manfredi and Vickers, above n 3, at 364.

70. However, with the low employment rates for older academics in the UK, this only equates to 330 academics.

71. Rosenman and McDonald, above n 2. See eg Industrial Relations Reform Act 1993 (Cth), Anti-Discrimination (Amendment) Act 1994 (NSW), Abolition of Compulsory Age Retirement (Statutory Officeholders) Act 2001 (Cth), Age Discrimination Act 2004 (Cth).

72. While some state and territory legislation still contains mandatory retirement as an exception to the principle of age equality (see Anti-Discrimination Act 1998 (Tas) s 35; Anti-Discrimination Act (NT) s 36), the passage of the Age Discrimination Act 2004 (Cth) has probably rendered the sections irrelevant: Rees, N, Rice, S and Allen, D Australian Anti-Discrimination Law (Annandale: Federation Press, 2nd edn, 2014) pp 61–62. See further Age Discrimination Act 2004 (Cth) ss 10, 12; Australian Constitution s 109.Google Scholar

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75. In relation to practical and interpretative issues associated with relying on the Fair Work Act 2009 (Cth) as a means of addressing age discrimination, see MacDermott, above n 73. Judges and military personnel may still be subject to compulsory retirement: see Australian Law Reform Commission ‘Grey areas – age barriers to work in Commonwealth laws’ (Sydney, 2012) Discussion Paper 78, paras 2.105–2.116. These provisions have led to some indirect legal challenges: see Commonwealth of Australia v Human Rights & Equal Opportunity Commission [1999] FCA 616 (11 May 1999); Re Peter Albert Langman and Defence Force Retirement and Death Benefits Authority [1987] AATA 184 (12 May 1987).

76. See eg Ivory v Griffith University [1997] QADT 4 (30 January 1997); Re The Queensland Anti-Discrimination Act 1991 [1997] QSC 71 (29 April 1997).

77. Rosenman and McDonald, above n 2, at 63.

78. Feagin, J, Orum, A and Sjoberg, G ‘Introduction: the nature of the case study’ in Feagin, J, Orum, A and Sjoberg, G (eds) A Case for the Case Study (Chapel Hill, NC: University of North Carolina Press, 1991) pp 7–13;Google Scholar Simons, H Case Study Research in Practice (Los Angeles, CA: SAGE Publications, 2009) p 23.CrossRefGoogle Scholar

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81. The Australian Technology Network ‘brings together five of the most innovative and enterprising universities in the nation’: see http://www.atn.edu.au/About-ATN/ (accessed 22 September 2014). Two other universities were also invited to participate in the study (a private university and a newer, teaching-focused institution), however, neither responded to the researcher's communications.

82. In this paper, a classification scheme is used to enable the broad identification of universities while still maintaining source and case study anonymity. Universities have been classified as being part of the Group of Eight (G8) or Australian Technology Network (ATN) and allocated a letter (from ‘a’ to ‘d’). So the first Group of Eight university is identified with G8a.

83. See Patton, above n 79, p 467.

84. Simons, above n 78, p 63.

85. Stake, R ‘Qualitative case studies’ in Lincoln, Y and Denzin, N (eds) Strategies of Qualitative Inquiry (London: SAGE Publications, 3rd edn, 2008) p 133;Google Scholar Yin, RK Case Study Research: Design and Methods (London: SAGE Publications, 5th edn, 2013) p 107.Google Scholar

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90. Ibid, p 17.

91. Hugo, above n 86, at 327.

92. Ibid, at 340. These concerns have been resoundingly rejected by the NTEU. See further section 4(b)(VI).

93. Ibid. Indeed, there is recognition that higher teaching loads are more likely to be managed successfully by experienced academic staff: ibid.

94. One university did not centrally monitor workforce demographics, though each academic manager would know the statistics for their employees (G8b).

95. Bexley et al, above n 88, p 4.

96. Ibid.

97. Though this is still a reduction from the average of 57.53% in 2008: Andrews, S, Wong, H and Gullo, D ‘Universities Hr benchmarking program 2013: companion report’ (Melbourne, 2013) at 5.Google Scholar

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102. Ibid, at 14.

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105. Ibid.

106. This may also reflect institutional limitations: the two-stage enforcement model for discrimination claims in Australia may reduce the number of cases: see further Rees et al, above n 72, p 8.

107. Victorian Equal Opportunity and Human Rights Commission, above n 103, at 44.

108. [2004] NSWADT 14 (21 January 2004).

109. [2012] FMCA 735 (10 October 2012).

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116. Morris et al, above n 115, at 1, 4.

117. Ibid, at 4. Developmental performance appraisal is directed to ‘enriching attitudes, experiences, and skills that improve the effectiveness of employees’: see Boswell, WR and Boudreau, JW ‘Separating the developmental and evaluative performance appraisal uses’ (2002) 16 J Bus & Psychol 391 CrossRefGoogle Scholar at 392.

118. Morris et al, above n 115, at 1.

119. Morris, above n 50, at 388.

120. Sharrock, above n 110, at 87; Morris et al, above n 115, at 3.

121. Morris et al, above n 115.

122. Stavretis, L ‘The dance of compliance: performance management in Australian universities’ (RMIT University, 2007)Google Scholar at 2, available at http://researchbank.rmit.edu.au/view/rmit:9770 (accessed 19 September 2013); see also Morris, L ‘From collegial engagement to performance management: the changing academic landscape in Australia’ (Victoria University, 2011) at ii.Google Scholar

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124. Andrews et al, above n 97, at 6.

125. Winefield, AH et al Occupational Stress in Australian Universities: A National Survey 2002 (NTEU, 2002) p 91.Google Scholar

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127. Bexley et al, above n 88, p 4.

128. However, government reforms have removed or are removing many of these disincentives, to encourage individuals to remain in employment for longer. This is likely to reduce the usefulness of pension schemes for workforce planning.

129. These practical strategies for managing an ageing academic workforce will be discussed in a separate paper.

130. According to a Universities Australia survey, six.

131. For some of the challenges associated with workforce planning, see Higher Education Funding Council for England, above n 60, s 3.

132. May, R et al ‘The casual approach to university teaching: time for a re-think?’ in Krause, K et al (eds) Research and Development in Higher Education: Reshaping Higher Education (Gold Coast: Higher Education Research and Development Society of Australasia, 2011) p 194. However, as the NTEU notes, many casual staff (roughly 15%) are aged over 55: ‘that's one segment that people actually don't take notice of’. See further below.Google Scholar

133. Andrews et al, above n 97, at 5.

134. May et al, above n 132, p 195.

135. Ibid.

136. Ibid, p 196.

137. See further ibid, p 192.

138. See Winefield et al, above n 125, p 65.

139. Andrews et al, above n 97, at 6.

140. Seldon v Clarkson Wright & Jakes (A partnership) [2012] 2 CMLR 50, at [56]–[57].

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