McPhillips v ISS Facility Services 
Legal BodyEquality Tribunal
Type of Claim / JurisdictionDiscrimination and Equality, Contracts of Employment, Transfer of Undertaking (TUPE)
In this case the complainant’s employer had changes following a TUPE and his newer employer indicated to him that he would be required to retire at the age of 65 but he was offered a fixed-term (FT) contract for another year. The equality Officer noted that the derogation in section 6(3)(c) “is confined solely to a fixed term contract being offered to a person over the compulsory retirement age for that employment”. There are two aspects to this. The contract must be a FT one and there must be a compulsory retirement age for the employment. She decided, in the first
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