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The Employment Rights Advice Blog

rss65Articles, news and updates  on employment law in Ireland

for employees and employers

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Age Discrimination

Why you should avoid it

Be careful to avoid making decisions based solely on age.

A recent UK case highlights the need to consider all factors equally when selecting candidates for redundancy.

In the case of Donkor v Royal bank of Scotland, a director was not allowed to apply for voluntary redundancy as this would have left him in a position where he colud claim enhanced retirement benefits of over £500,000 as he was over fifty. Three of four directors applied for voluntary redundancy. The two directors who were under fifty were granted redundancy. They were not entitled to enhnced benefits as they were under fifty. Donkor was refused voluntary redundancy and offered an alternative role.

An initial Tribunal hearing held that a valid comparison with the two employees under fifty could not be made as they were not entitled to the enhanced benefit.

This was overturned on appeal. It was held that the cost of voluntary redundancy for Donkor was higher as a direct result of his age. By taking into account the enhanced retirement benefits, the employer was discriminating against the employee. For more >>

This was a UK case.

 

Are there guidelines for employers on age discrimination ?

Yes. The Irish Human Rights and Equality Commission released guidelines in April 2018 dealing with Retirement and Fixed-Term Contracts.


  You can download a copy of the Guidelines here 


 

Discrimination in Ireland is covered by the Employment Equality Acts 1998 – 2004. More

For more on Age Discrimination in Ireland see

For advice on how to deal with this and other employment law issues please get in touch using the contact us button button

 

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