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
Zelda Cunningham
Arthur Cox
Issues covered:

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 can be objectively justified by reference to the legitimate aim of the employer.

This principle of

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Back to Q&A's This article is correct at 06/06/2016

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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

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