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 5 January 2016
Emma-Jane Flannery
Arthur Cox

Retirement clauses should only be used where the employer can objectively justify compulsory retirement of employees, and in fact are not even necessary in those situations, since termination on notice may be preferable to automatic termination.

Although clauses such as this were fairly common in the past, their current use is comparatively rare. Compulsory retirement is 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”. 

Because of the risk of age discrimination, automatic

Already a subscriber?

Click here to login and access 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 Maxine Orr, Partner at Worthingtons Solicitors

Already a subscriber, now or Start my free trial today

Back to Q&A's This article is correct at 05/01/2016
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.

Emma-Jane Flannery
Arthur Cox

The main content of this article was provided by Emma-Jane Flannery. Contact telephone number is 028 9023 0007 or email Emma-Jane.Flannery@arthurcox.com

View all articles by Emma-Jane Flannery