McPhillips v ISS Facility Services [2013]

  • Case Reference
    DEC-E2013-042
  • Legal Body
    Equality Tribunal
  • Type of Claim / Jurisdiction
    Discrimination and Equality, Contracts of Employment, Transfer of Undertaking (TUPE)
Issues covered: Age; Retirement; Whether or not a Fixed Term Contract existed; Evidence of compulsory retirement age

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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This article is correct at 23/07/2013
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Bernadette Treanor
Beo Solutions

The main content of this article was provided by Bernadette Treanor. Contact telephone number is +353 86 6024 411 or email bernadette@beosolutions.ie

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