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An Employee Wants to Work Past the Company’s Retirement Age of 65 - How Do I Handle It?
Published on: 23/05/2023
Issues Covered:
Discrimination Contracts of Employment Pensions & Retirement
Article Authors The main content of this article was provided by the following authors.
Antoinette Vahey Partner, RDJ LLP Ireland
Antoinette Vahey Partner, RDJ LLP Ireland
Antoinette vahey 2022

Antoinette is a Partner, practicing as part of the Employment law team. She brings practical and strategic legal advice to clients in a range of areas such as wrongful and unfair dismissal; discrimination; absenteeism and work related stress; performance management; temporary and contingent workers; collective redundancies; restrictive covenants and severance agreements.

Antoinette represents clients on employment claims in the Workplace Relations Commission, Labour Court and High Court together with gender discrimination claims in the Circuit Court.

Having qualified as a mediator with the Centre for Effective Dispute Resolution in 2013 (specialising in employment and workplace disputes), Antoinette is focused on expanding RDJ’s independent mediation offering to provide the best solution to our clients.

Antoinette is particularly interested in the areas of transfer of undertakings (TUPE ), Vetting and social media in the workplace and has spoken extensively at various events on legislative and other changes in those areas.

She also devises in-house training sessions and policies for clients in respect of grievance and disciplinary matters, dignity at work and social media.

An employee recently approached me as he wants to work past the company’s retirement age of 65, as he feels fit and healthy and isn’t ready to retire. I don’t want to compromise our normal retirement age by making an exception for this worker, so I’m inclined to deny his request. How do I Handle it?

The area of retirement ages has been a hot bed of activity for the past decade. Numerous cases have shaped current law in the area and led to amendment in the Employment Equality Acts in 2015 and the publication of the Code of Practice on Longer Working (S.I. 600/2017) by the Workplace Relations Commission.

Section 34(4) of the Employment Equality Acts 1998-2015 provides that

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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. This article is correct at 23/05/2023
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