Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 11 JULY 2017

Justifying Mandatory Age Restrictions In Recruitment

Mason Hayes & Curran LLP
Mason Hayes & Curran LLP
Contributor
Mason Hayes & Curran LLP

Mason Hayes & Curran LLP

Managing Partner: Will Carmody Chair: Philip Nolan Number of partners: 124 Languages: French,...

View firm profile
Explore more from Mason Hayes & Curran LLP

It must be decided whether the Workplace Relations Commission has jurisdiction to make a ruling regarding the mandatory age bracket of new entrants into the Irish police service.

IrelandEmployment and HR
Ronnie Neville
Ronnie Neville
Lynda Nyhan
Lynda Nyhan
Author LinkedIn connections

The Supreme Court has referred a long-running age discrimination case to the Court of Justice of the European Union. It must be decided whether the Workplace Relations Commission has jurisdiction to make a ruling regarding the mandatory age bracket of new entrants into the Irish police service. 

The Equality Case

Three individuals, aged between 36 and 48 (the "Claimants") sought to become members of Ireland's national police force, An Garda Síochána (the "Gardaí"), but were refused. The Claimants took a case to the Equality Tribunal (the "Tribunal"), which is now the Workplace Relations Commission (the "WRC").  They claimed that they had been discriminated against on the basis of their age.

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

View source

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

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
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