Irish Human Rights and Equality Commission Issues Guidelines on Discrimination Against Older Workers

The Irish Human Rights and Equality Commission (IHREC) has published new guidelines for employers and employees to seek to ensure that older workers, who wish to continue in employment, are not discriminated against in workplaces in Ireland. The “Guidelines on Retirement and Fixed-Term Contacts” focus on the potential for discrimination arising from the compulsory retirement of staff on reaching a particular age, as well as the offering of fixed-term contracts to persons over that compulsory retirement age.

Among other things, the guidelines consider practical issues that arise from granting fixed-term contracts to employees who are over a compulsory retirement age, and explains how these issues may be addressed by both employers and employees. In addition, they The consider the setting of compulsory retirement ages, and the dismissal of employees who reach that age. Both of these actions are subject to the requirement of “objective justification”. The guidelines explore what “objective justification” means and what the relevant test involves.

Source: Irish Human Rights and Equality Commission Press Release (April 30, 2018)