Re: fixed term grounds: Do objective grounds apply to fixed term contracts issued post- retirement (i.e. one off contracts beyond the age of 65 when 65 is the mandatory retirement age)?Posted in : First Tuesday Q&A ROI on 6 June 2016
It has been well established in both Irish and European equality case law that the imposition of a mandatory retirement age is by its nature age-discriminatory and must be objectively justified by an employer.
The recently enacted Equality (Miscellaneous Provisions) Act 2015 gives statutory basis to this requirement, The Act states “….it shall not constitute discrimination on the age ground to fix different ages for the retirement (whether voluntarily or compulsorily) of employees or any class or description of employees if –
(a) it is objectively and reasonably justified by a legitimate aim, and
(b) the means of achieving that aim are appropriate and necessary.”
The amendment still allows the setting of compulsory retirement ages if the setting of the compulsory retirement age
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