Human rights commission publishes employment guide on retirement

The Guidelines on Retirement and Fixed-Term Contracts 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.

It considers practical issues that arise from granting fixed-term contracts to employees who are over a compulsory retirement age, and explains how these may be addressed by employers and employees.

The guidelines consider the setting of compulsory retirement ages and the dismissal of employees who reach that age, both of which are subject to the requirement of “objective justification”. The guidelines explore what “objective justification” means and the relevant test.

The guidelines come as both private and public sectors are currently exploring opportunities and confronting challenges presented by an ageing workforce. They serve a dual purpose: they equip employers in meeting obligations under the Employment Equality Acts; and they inform employees about their right to equal treatment in the workplace.

Cases of age discrimination related to employment made up 14 per cent of cases raised by members of the public to the Commission under the Employment Equality Acts in 2017, and the Commission has provided legal assistance to people who have sought to continue in their work beyond their contractual retirement age.

Chief commissioner Emily Logan (pictured) said: “The Commission has consistently highlighted concerns over age related discrimination in the workplace. We are now using the Commission’s powers to proactively present guidance to support both employees and employers in combatting discrimination.

“Many people now wish to continue to work for longer. They should be able to do so without being treated less favourably or subjected to discrimination.”