If a person reaches their contractual retirement age and the employer requires them to stay on for a particular reason, is it correct that only one fixed term contract can be issued?
Posted in : First Tuesday Q&A ROI on 6 December 2016
Zelda Cunningham
Arthur Cox
Firstly, it should be noted that under the Equality (Miscellaneous Provisions) Act 2015, the imposition of a compulsory retirement age will be discriminatory on grounds of age unless it is objectively justified.
An employer can allow an employee to continue working past their compulsory retirement date on the same terms of employment (i.e. without offering a new fixed term contract) if there is agreement with the employee to do so. Usually the employer and employee would agree a different retirement date/ end of employment for the employee and this would be reflected in writing. Employers tend to be cautious about not applying its compulsory retirement age for certain employees, as this may
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Back to Q&A's This article is correct at 06/12/2016
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Zelda Cunningham
Arthur Cox
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