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
Issues covered:

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 implementation and ongoing justification of a mandatory retirement age. The objective justification

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 03/11/2015

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.

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

View all articles by Zelda Cunningham