Laura's previous work included roles at EY Law Ireland and Mason, Hayes & Curran LLP.
A recent WRC decision provides a timely reminder for employers intending to enforce a contractual retirement age.
The law
Ireland does not have a statutory retirement age. Employers generally rely on a contractual term of employment when seeking to retire employees on their 65th birthday. Other employers rely on custom and practice or point to the “normal retirement age” referenced in an occupational pension scheme.
Employers need to carefully navigate a potentially discriminatory contractual term (terminating employment because of age) to comply with their obligations under the Employment Equality Acts (“the Acts”). The Acts do not expressly prohibit retirement ages. However, a mandatory retirement age must be objectively justified by a legitimate aim and the way in which the employer
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