Mandatory Retirement Found to Constitute an Unfair Dismissal

Posted in : Equality Law Decisions on 11 October 2021
Alison Martin
Issues covered: Unfair Dismissal; Mandatory Retirement Age

A recent WRC decision looked at whether an employee who had reached the employer's compulsory retirement age had a legitimate expectation of a fixed term contract and whether or not she was unfairly dismissed in breach of the Unfair Dismissals Act 1977 (as amended).

In the case of Teresa McCoy O'Grady v Sodexo Ireland Limited (ADJ-00029694), the Complainant claimed that she was unfairly dismissed after the Respondent refused to extend her fixed term contract on the basis of her advancing age. This decision highlights the issues that can arise in relation to mandatory retirement ages, as well as the limitations of bringing this type of claim under the Unfair Dismissals legislation,

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This article is correct at 11/10/2021

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Alison Martin

The main content of this article was provided by Alison Martin. Contact telephone number is +353 (0)1 790 9400 or email

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