Labour Court rejects retained firefighter’s age discrimination appeal

The Labour Court rejected Nigel Heafey’s age discrimination appeal over sick pay for retained firefighters, upholding the Adjudication Officer’s decision in a determination signed on 4 April 2025. Heafey, a Driver Mechanic with Kilkenny County Council, argued that he received only his retainer during the first six months after being stood down, while a colleague over 55 received the retainer plus average callout pay. The Council relied on arrangements for firefighters working under annual extensions beyond age 55. The Court found those sick-pay arrangements came within an exempted occupational benefits scheme under section 34(3) of the Employment Equality Act 1998, so the difference did not constitute age discrimination.