McPhillips v ISS Facility Services [2013]

  • Case Reference
  • 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

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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

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