3. Retirement

The Employment Equality Acts 1998 to 2015 prohibit discrimination on nine grounds including age. Therefore, the termination of an employee purely because of age could be construed as discrimination under the legislation. The Equality (Miscellaneous Provisions Act) 2015, which came into effect on 1 January 2016 made a number of amendments to the 1998 Act. Section 34 (4) of the Act nowstates as follows: “(4) Without prejudice to subsection (3) it shall not constitute discrimination on the age ground to fix different ages for the retirement (whether voluntary or compulsorily) of employees or any class or description ofemployees if—(i) it is objectively and reasonably justified by a legitimate aim, and(ii) the means of achieving that aim are appropriate and necessary.” Essentially the law is now...

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Most Companies will have a standard retirement age in their contract of employment. However, the Industrial Relations Act 1990 (Code of Practice on Longer Working) (Declaration) Order 2017 must be considered when designing and planning a retirement process.

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