In setting down a retirement age in a contract of employment, should you include the objective grounds for the retirement age in order to try to manage expectations or are you just tying your hands for the future? What would you advise?Posted in : First Tuesday Q&A NI on 1 December 2015
Although compulsory retirement clauses were once common features in contracts of employment, their current use is rare following the abolition of the default retirement age. Compulsory retirement is now potentially unlawful age discrimination, and should only be used where the employer can objectively justify it as a “proportionate means of achieving a legitimate aim”.
Due to the risk of potential age discrimination, we recommend that serious consideration is given as to whether such a clause could be justified. It should be noted that even where the employer considers it is justified in
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors
Back to Q&A's This article is correct at 01/12/2015
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.