A solicitor who was forced to leave his job at the age of 65 will bring a test appeal today in the first challenge over compulsory retirement to reach the Court of Appeal.

Leslie Seldon’s claim that he was discriminated against on grounds of age has such wide implications that two government bodies have stepped in, one on either side.

Mr Seldon, who is 68, is being backed by the Equality and Human Rights Commission, which argues that a national “default” retirement age of 65 is unfair and discriminatory. He is being opposed by the Department of Business, Innovation and Skills.

Mr Seldon was forced to retire from the law firm where he had worked as a civil litigator for 35 years, Clarkson Wright and Jakes, in Orpington, Kent, in line with his partnership agreement.

He said: “I was fit and able to carry on, and I also needed to financially because my wife and I had suffered a financial disaster during the property crash in 1989.”

Mr Seldon’s case went to an employment tribunal, where he lost, and then to the Employment Appeal Tribunal, which agreed that it could be lawful to force partners to leave solely on grounds of age to give younger solicitors a realistic prospect of partnership.

Mr Seldon, of Bidborough, Kent,said: “I think it is very important that someone establishes the principle. Pensions are going down while life expectancy is increasing.”

Jo Davis, an employment partner with the law firm BP Collins, who is acting for Mr Seldon, said: “His case is very important for the increasing numbers of people who want to stay in work beyond the age of 65.

“The legal issue at the heart of the case is whether an employer can justify age discrimination for their own objectives, or whether they have to have social policy objectives, the scope of which is uncertain.”

A separate challenge to the legality of Britain’s retirement age will also be heard this week, in the High Court. The case, which is also backed by the commission, is being brought by the charities Age Concern and Help the Aged.

Scores of age discrimination claims are on hold, awaiting the outcome of the decision, which will be the latest round of a long-running legal battle that has been to the European Court of Justice and back.

Under the law, workers can request to stay on beyond 65. Employers can insist on retirement if they consider it appropriate and necessary.

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