In setting down a retirement age in a contract of employment, should you include the objective grounds for the retirement age in order to try to manage expectations or are you just tying your hands for the future? What would you advise?

Posted in : First Tuesday Q&A ROI on 3 November 2015
Zelda Cunningham
Arthur Cox

The Unfair Dismissals Acts 1977 to 2007 and the Employment Equality Acts 1998 to 2011 do not permit an employee to take action against his/her employer where the employer enforces a mandatory retirement age within the organisation. However, European and Irish case law has found that the enforcement of compulsory or mandatory retirement ages is prima facie discriminatory and employers must objectively justify the imposition of a mandatory retirement age in their organisation. It is therefore necessary to ensure that objective grounds, specific to the organisation, exist to justify the

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Back to Q&A's This article is correct at 03/11/2015
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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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