In this First Tuesday Q&A, Jason McMenamin, Solicitor in A&L Goodbody's Employment Group, considers the law in relation to mandatory retirement ages in light of a recent decision of the Labour Court, in McLoughlin & Sons Hardware Ltd / McLoughlins Trading Co. and Mrs. Pauline Butler (EDA232).

What does the legislation say about mandatory retirement?

In Ireland there is no statutory mandatory retirement age for private sector employees. The Employment Equality Acts 1998-2021 (the Employment 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 they can show that