R for Retirement - Challenging Compulsory Retirement

Louise Harrison writes:

There has been a surge in litigation in recent years with respect to the enforcement by employers of retirement ages. The question of compulsory retirement has become a thorny one.


1. Irish Position on Compulsory Retirement

There is no mandatory retirement age in Ireland, save in respect of certain public sector occupations, for example, the Gardai and the emergency services. Irish law, for the time being, allows an employer to set its own mandatory retirement age.

An employee seeking to challenge his or her enforced retirement can, inter alia, bring a claim for Unfair Dismissal (“UD”) to the employment appeals tribunal (the “EAT”), or for discriminatory dismissal