Courts / Ireland / Report

Worker gets €31k after boss unilaterally imposed retirement age

Summary

James Spencer, aged 70, was dismissed by Heavey Technology‑Quality Labels Ltd after the company unilaterally imposed a mandatory retirement age of 66, citing Covid‑19 public health concerns. Spencer had requested leave in March 2020 and later sought to return to work. The firm's sales director, in a letter dated 19 June 2020, announced a policy change aligning retirement with the State pension age, a change not previously in the employment contract. Spencer's solicitor argued that the contract could not be altered unilaterally and that the company's practice allowed employees to work beyond 66, citing a colleague who worked into his 72nd year. The adjudicating officer found the manager's unilateral change unreasonable, noting no public health guidelines required retirement at 66. Spencer was awarded €31,558 for unfair dismissal, equivalent to 18 months of his gross salary, and the Employment Equality Act claim was dismissed as a parallel claim.

Who, what, where, when and why

What: Report matter: Worker gets €31k after boss unilaterally imposed retirement age. Procedural stage: hearing_or_decision

When:

• 19 June 2020 Hearing Or Sentence
• 2022-05-06 Publication

Why: "The complainant was dismissed because of his age and not because the employer exercised an agreed retirement term of the employment contract," she argued. CNI source report

Topics

Stage Hearing Or Decision

Read the original CNI report