Mandatory Retirement Found to Constitute an Unfair Dismissal
Published on: 11/10/2021
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A recent WRC decision looked at whether an employee who had reached the employer's compulsory retirement age had a legitimate expectation of a fixed term contract and whether or not she was unfairly dismissed in breach of the Unfair Dismissals Act 1977 (as amended).

In the case of Teresa McCoy O'Grady v Sodexo Ireland Limited (ADJ-00029694), the Complainant claimed that she was unfairly dismissed after the Respondent refused to extend her fixed term contract on the basis of her advancing age. This decision highlights the issues that can arise in relation to mandatory retirement ages, as well as the limitations of bringing this type of claim under the Unfair Dismissals legislation, as opposed to under the Employment Equality Acts 1998-2015.

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 11/10/2021
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