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ARTICLE · 10 JANUARY 2013

Mandatory Retirement Ages

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

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To recap, under the Employment Equality Acts, 1998 to 2011 (the "EEAs"), it does not constitute discrimination on the grounds of age for employers to fix mandatory ages for retirement of employees.

IrelandEmployment and HR
Ian O'Herlihy
Ian O'Herlihy
Ronnie Neville
Ronnie Neville
Melanie Crowley
Melanie Crowley
Elizabeth Ryan
Elizabeth Ryan
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To recap, under the Employment Equality Acts, 1998 to 2011 (the "EEAs"), it does not constitute discrimination on the grounds of age for employers to fix mandatory ages for retirement of employees. 

While there is no fixed mandatory retirement age in Ireland, it is advisable that all employers have a mandatory retirement age in their contracts of employment. 

However, employers should be aware that such mandatory retirement ages may still be the subject of legal challenge by employees on the basis that it constitutes discrimination on the grounds of age to force an employee to retire once they reach a certain age in certain circumstances.  This type of challenge has been the subject of an increasing body of case law from the Equality Tribunal in recent times.   

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