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
A&L Goodbody
A&L Goodbody
Issues covered:

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,

Already a subscriber?

Click here to login and access the full article.

Don't miss out, register today!

Are you fully aware of the benefits of Legal-Island's Irish Employment Law Hub? We help thousands of people like you understand how the latest changes in Irish employment law impact your business through a mix of case law analysis and in-depth articles. All delivered right to your inbox.

We help you to understand the ramifications of each important case from Ireland and Europe.

We help you ensure that your organisation's policies and procedures are fully compliant with Irish law.

You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature.

You will have 24/7 access to the Employment Law Hub so you can research case law and HR issues when you need to.

Already a subscriber, now or Register

Back to Q&A's This article is correct at 02/09/2015

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.

A&L Goodbody
A&L Goodbody

The main content of this article was provided by A&L Goodbody. Contact telephone number is +353 1 649 2000 or email dublin@algoodbody.com

View all articles by A&L Goodbody