Mandatory Retirement Age – Is It Objectively Justifiable?

Posted in : Equality Law Decisions on 22 June 2020
Alison Martin
Issues covered: Retirement Age; Discrimination and Equality; Objective Justification; Legitimate Aim

Authors: Alison Martin, Associate and Thomas Bulfin, Trainee Solicitor, DWF

In the recent WRC case of Joseph McGrath v Focus Ireland ADJ-00018823, the adjudication officer considered the issue of objective justification in relation to the employers mandatory retirement age.


Mr. McGrath (the Complainant) was employed by Focus Ireland (the Respondent) on a two year fixed term contract. During the two year fixed term, the Complainant turned 65 and then 66 on the 23rd April 2018.  His employment ended on 20th June 2018 at the end of the fixed term and the Respondent did not renew the Complainant's contract nor did they consider his application when they advertised for the role

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This article is correct at 22/06/2020

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Alison Martin

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