Can we force employees to retire if they do not want to leave until they qualify for state pension?

Posted in : First Tuesday Q&A ROI on 7 August 2013
Zelda Cunningham
Arthur Cox
Issues covered:

Employees may wish to remain in employment past their contractual retirement age for a number of personal or financial reasons for example; they may wish to remain in service until they are eligible to receive the State pension or are required by economic necessity to continue working. Generally consent to late retirement is required from an employer is required, however, recent decisions of the Equality Tribunal have provided that any attempt by an employer to force an employee to retire at a certain age without objective justification is prima facie discriminatory.

Therefore, notwithstanding any contractual compulsory retirement age, employers who seek to force employees to retire may be

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

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Zelda Cunningham
Arthur Cox

The main content of this article was provided by Zelda Cunningham. Contact telephone number is +353 1 618 0000 or email

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