Share on LinkedInShare on LinkedIn

ARTICLE · 04 SEPTEMBER 2013

Dismissal For Retirement Age

Stephen O'Sullivan, Barrister
Explore more from Stephen O'Sullivan, Barrister

Section 34 of the Employment Equality Act 1998 makes it not unlawful on the age ground for an employer to fix retirement age and there is no qualification in the Act as to what criteria the employer may use to fix retirement ages.

IrelandEmployment and HR
Stephen O’Sullivan
Stephen O’Sullivan

Litigating when an employee is dismissed on reaching retirement age

Section 34 of the Employment Equality Act 1998 (EEA) makes it not unlawful on the age ground for an employer to fix retirement age and there is no qualification in the Act as to what criteria the employer may use to fix retirement ages.

Similarly, section 2.1 of the Unfair Dismissal Act 1977 (UDA) excludes dismissal of an employee who has reached normal retirement age.

Much of the Irish case law concerns the question of whether the employee was dismissed on reaching a fixed retirement age. For instance in McCarthy v. Calor Teoranta 2008 ELR 42 the Labour Court held that the dismissal was discriminatory under the EEA on the basis that the claimant was dismissed at age 60 and the normal retirement age was found to be 65.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

The Future Of Hybrid Work: Balancing Flexibility & Productivity

As Ireland's large employers increasingly mandate fixed office attendance days, new research reveals how hybrid working is evolving from unrestricted flexibility toward more structured models. With productivity concerns driving policy changes and three-day office weeks emerging as the standard, businesses face the challenge of balancing operational needs with employee wellbeing and retention priorities.
IrelandEmployment and HR
William Fry LLP
William Fry LLP
Article

Unfair Dismissal Navigating Fair Procedures At The Employment Immigration Intersection In Ireland

It may come to light that an employee who once had the right to work in Ireland may no longer have such permission. For example, they may have forgotten to apply for a renewal of their immigration permission before it expired or they may not be able to provide evidence of their immigration status during a repeat right to work check. These scenarios may produce a heart-in-mouth moment for a manager or HR.
IrelandEmployment and HR
Lewis Silkin
Lewis Silkin
Article

Should I Stay Or Should I Go? Performance Management Or Exit Option?

Irish employers are increasingly exploring the 'PIP or Go' model as an alternative to traditional performance management processes, offering underperforming employees a choice between entering a formal performance improvement plan or accepting an exit package. While this approach can expedite internal processes and reduce administrative burden, it carries significant legal risks including constructive dismissal claims, discrimination allegations, and potential challenges to subsequent dismissal procedures.
IrelandEmployment and HR
Matheson
Matheson
Article

Neurodivergence And Reasonable Accommodation: What Employers Need To Know

Employers face growing challenges in supporting neurodivergent employees, with up to 20% of the global population potentially affected by conditions like ASD, ADHD, and dyslexia. Irish law mandates reasonable accommodations under the Employment Equality Acts, but what constitutes appropriate measures and when does the burden become disproportionate? Recent case law reveals the narrow interpretation of employer defenses and the significant financial consequences of failing to properly assess and implement wo
IrelandEmployment and HR
RDJ LLP
RDJ LLP