In early 2016, the retirement legislation in Ireland saw big changes due to the Equality (Miscellaneous Provisions) Act 2015. The amended legislation means that no employee can be forced to retire when they reach a certain age unless it is objectively justified to retire at that age i.e. the employee is no longer fit enough to carry out the duties of the role. Even if there is a retirement age set out for employees, they can no longer be forced to retire when they reach this age.
A case came to light recently where an employee was wrongfully dismissed on age grounds. The Company forced an employee to retire when he reached 65 years of age, even though he was happy to continue working and was capable of doing so. The Court decided that the employee was wrongfully dismissed on age grounds and he was awarded €6,500.
Upon employees reaching the age of retirement set out in the business, we would recommend that this is done by discussion, ascertaining whether or not they wish to continue working and go from there.
If you have any queries relating to retirement age or require assistance dealing with a similar situation, please please get in touch with our HR Solutions team on (090) 648 0600.
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