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 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
Already a subscriber?
Click here to login and access the full article.
Log in now to read the full articleDon'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
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.