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ARTICLE · 16 NOVEMBER 2021

Ireland Update: Time To Justify Retirement Age

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Walkers

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Many Irish employers include a mandatory retirement age in their contracts of employment or employee handbooks.

IrelandEmployment and HR

Many Irish employers include a mandatory retirement age in their contracts of employment or employee handbooks.

The Employment Equality Acts 1998-2021 ("Equality Acts") prohibit discrimination in employment on a number of grounds, including age. However, there is an exception that allows employers to impose a mandatory retirement age on employees, provided the retirement age can be objectively justified.

The retirement age must be objectively and reasonably justified by reference to a legitimate aim and the means of achieving that aim (compulsory retirement at the appointed age) must be appropriate and necessary. Health and safety concerns in safety critical occupations, intergenerational fairness, the preservation of personal and professional dignity by avoiding capability issues with older employees, succession planning, and the creation of a balanced age structure in the workforce have all been accepted by the Workplace Relations Commission ("WRC") as

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