The Complainant was approached by the Respondent in May 2018 to find out whether or not she would be retiring. She then received a letter detailing that her employment would cease owing to retirement. Whilst a retirement age had been detailed in her contract of employment, at least 3 other employees had been allowed to stay on after the age of 65 in recent times.

The Complainant submitted that compulsory retirement ages, set by an employer, must be capable of objective justification. Furthermore, the Complainant added that even if objective justification and a legitimate aim could be shown, the means of achieving it were grossly disproportionate.

The Respondent denied that the Complainant had been discriminated against on the basis of age.  The Respondent outlined that the Complainant works a physically demanding role where she is required to take care of vulnerable patients. The Respondent detailed that the retirement age of 65 was incorporated into the Complainant’s contract of employment which the Complainant accepted and that while others may have been accommodated to stay on after 65, the Complainant never requested a wish to stay on after the age of 65.

The Adjudicating Officer noted that while there was reference by the Respondent to various case law owing to retirement on health and safety grounds, no legitimate health and safety grounds were presented that would have prevented the complainant working past the age of 65.  The Adjudicating Officer held that the Complainant clearly established a prima facia case of discrimination on the grounds of age and so awarded the Complainant €14,000.
https://www.workplacerelations.ie/en/cases/2019/october/adj-00014857.html