If compulsory retirement at 65 is so difficult under EU laws, is there an age at which compulsory retirement is likely to be lawful?

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

Other than where set out in legislation, it appears from recent Equality Tribunal case law that compulsory retirement ages in general are prima facie discriminatory unless objectively justified, meaning that any specific retirement age is capable of being challenged by an affected employee. However, particularly as the age of retirement in increased, it is more likely to be seen as objectively justifiable and reasonable on, for example, health and safety grounds. Back to Q&A's This article is correct at 02/09/2015
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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.

Zelda Cunningham
Arthur Cox

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