We have a contractual retirement age of 65 and two different pension schemes. For a number of our current staff they will not be entitled to a State pension until they are 68. The issue of the 3 years between payment of occupational and state pensions is one which is being raised regularly. We are reluctant to change our contractual retirement age as this may create other issues for us, not least for those who will qualify for a State pension earlier. Are other companies removing a contractual retirement age or implementing other measures? Is this situation likely to change?

Posted in : First Tuesday Q&A ROI on 6 June 2013
Zelda Cunningham
Arthur Cox
Issues covered:

There is no general compulsory retirement age in Ireland; however, many employers insert a compulsory retirement age in contracts of employment. Previously, the inclusion of a mandatory retirement age in contracts of employment did not expose employers to claims from employees as employees were prohibited from bringing a claim against their employer for dismissals resulting solely from the attainment of the contractual retirement age and the Employment Equality Acts 1998 to 2011 did not allow for claims of age discrimination solely on the basis of the implementation of compulsory retirement.

This situation has changed in light of recent decisions of the Court of Justice of the European

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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 zelda.cunningham@arthurcox.com

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