Retirement in the Public and Private Sector

Posted in : EY Law Insights on 21 March 2023
Deirdre Malone
EY Law Ireland
Issues covered: Retirement; Contracts of Employment

Brief

In this EY Law Insight, we consider the challenges surrounding mandatory retirement ages following recent decisions in the private and public sector. 

The law

There is no statutory retirement age in Ireland in the private sector. The Employment Equality legislation permits employers to set a contractual retirement age, but the employer must show that the retirement age can be objectively and reasonably justified by a legitimate aim and the means of achieving that aim are proportionate and necessary. This is easier said than done, and over the years, we have seen many cases challenging an employer’s “objectively justified” retirement age.

By way of example, RTE sought to rely on

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This article is correct at 21/03/2023
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Deirdre Malone
EY Law Ireland

The main content of this article was provided by Deirdre Malone. Contact telephone number is +35312212189 or email Deirdre.Malone@ie.ey.com

View all articles by Deirdre Malone