We have an employee who is approaching 65, the contractual retirement age. Is it acceptable to issue a one year fixed term contract if he or she wants to continue working?Posted in : First Tuesday Q&A ROI on 4 May 2011
The Employment Equality Acts 1998 - 2008 specifically provide that it will not be discriminatory on the grounds of age to offer an employee who is over the compulsory retirement age a fixed term contract. However, it is very important that the existing contract of employment is terminated by reason of the employee having reached the compulsory retirement age in the employment, so that in all cases in the future, the Company can confirm that the contracts of employment of employees who reach this age will be terminated, and the normal retirement age in the Company reflects what is in the contract.
Failure to do this could result in a claim for unfair dismissal at some point in the future,
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Back to Q&A's This article is correct at 02/09/2015
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