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
A&L Goodbody
A&L Goodbody
Issues covered:

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

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Back to Q&A's This article is correct at 02/09/2015

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A&L Goodbody
A&L Goodbody

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