We have an employee who reached 65 in August, and is still working with the company. It is her wish to work until her 66th birthday next August and then go part-time (2-3 days per week). What are our obligations in this situation? This is the first person in the company to reach retirement age so we have no retirement policy, or mention of retirement in contracts.

Posted in : First Tuesday Q&A ROI on 2 November 2011
A&L Goodbody
A&L Goodbody

There is no statutory retirement age in Ireland, although the Employment Equality Acts, 1998-2008 (the EEA) permit employers to impose a contractual retirement age. In this case, as there is no contractual retirement age, strictly speaking, the employer has no right to oblige this employee to retire at any point, in particular, as the employer cannot argue that there is an implied contractual retirement age by virtue of custom and practice within the organisation. In any case, even if there had been a contractual retirement age of 65, allowing the employee to work beyond it would reduce the

Already a subscriber?

Click here to login and access 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.

Already a subscriber, now or Start my free trial today

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

A&L Goodbody
A&L Goodbody

The main content of this article was provided by A&L Goodbody. Contact telephone number is +353 1 649 2000 or email dublin@algoodbody.com

View all articles by A&L Goodbody