Please provide some guidelines on current retirement legislation as regards employment contractsPosted in : First Tuesday Q&A NI on 5 July 2016 Issues covered:
The law on retirement has changed considerably in recent years. 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 also 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”. This will require you to show that:
- It is intended to meet a legitimate aim.
- Having the particular retirement age meets that aim.
- It is proportionate to use that retirement age as a means of meeting that aim.
Case law has shown that a legitimate aim
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Back to Q&A's This article is correct at 05/07/2016
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