Hi All

An interesting case from Irish courts based on European Courts of Justice case; a Search and Rescue Winchman challenged forced retirement at age 55 from role.

The employer stated "Highlighted research to show that the respiratory  capacity, musculature and endurance of a person can diminish with age, stating “It states that given the nature of the duties which Winchmen/Winch Operators are required to perform on a regular basis, the physically demanding conditions under which those tasks are performed and the fact it has furnished evidence of a higher incidence of medical impairment of Winchmen/Winch Operators, it has demonstrated that the operation of a retirement age of fifty-five is objectively and reasonably justified.” 

Would this not be the type of case/job where there could be an argument for some sort of baseline functional job analysis and matching regular (?annual) assessment of employees from a certain age upwards?  

Regards

Carr