If an employee requests to continue working beyond the 'normal' retirement age of 65, can you refuse this request and if so how can you do so without exposing the Company to a discrimination claim?Posted in : First Tuesday Q&A ROI on 2 September 2015
There is no general statutory retirement age in Ireland, although minimum retirement ages exist for the public sector and compulsory retirement ages exist for occupations such as the Garda Siochana. In all other cases, employers are permitted by the Employment Equality Acts, 1998 to 2008 (the “EEA”) to fix different ages for the retirement (whether voluntarily or compulsorily) of employees, or any class or description of employees.
As such, in circumstances where an employer has specified a retirement age for its employees, it is permissible for an employer to refuse to allow an employee to continue to work beyond that age.
In conclusion, in order to be able to refuse such a request, with
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Irish Employment Law Hub? We help thousands of people like you understand how the latest changes in Irish employment law impact your business through a mix of case law analysis and in-depth articles. All delivered right to your inbox.
We help you to understand the ramifications of each important case from Ireland and Europe.
We help you ensure that your organisation's policies and procedures are fully compliant with Irish law.
You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature.
You will have 24/7 access to the Employment Law Hub so you can research case law and HR issues when you need to.
Back to Q&A's This article is correct at 02/09/2015
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.