What is likely to constitute lawful reasons for compulsory retirement? Do we have any inkling from the courts, either inside or outside Ireland?

Posted in : First Tuesday Q&A ROI on 7 August 2013
Zelda Cunningham
Arthur Cox
Issues covered:

The Employment Equality Acts 1998 to 2011 and the Unfair Dismissals Acts 1977 to 2007 do not prohibit the imposition of a compulsory retirement age. However, EU and Irish jurisprudence provides that the imposition of a compulsory retirement age is prima facie age discrimination unless objectively justified. The requirement to objectively justify compulsory retirement exists, notwithstanding the any express or implied contractual mandatory retirement age.

What constitutes “objective justification” is not currently defined by Irish case law or regulations, a recent decision of the Equality Tribunal, Paul Doyle v ESB International (DEC-E 2012-086), provides useful guidelines as to what will be

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

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Zelda Cunningham
Arthur Cox

The main content of this article was provided by Zelda Cunningham. Contact telephone number is +353 1 618 0000 or email zelda.cunningham@arthurcox.com

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