This is another retirement case. Here, the employer did not realise that the complainant had reached 65 (in October 2007) until September 2008.It issued a notice of retirement but it was withdrawn. However, the complainant was informed that she had not been covered by their life and long-term disability policy since her 65th birthday. For the period October 2008 to December 2009 she was paid a compensatory amount of €43.66 per month which was the respondent's assessment of the cost of the cover. Her cover was reinstated in December 2009. The Tribunal concluded that the complainant was not covered under the life and long-time disability plan from October 2007 to December 2009 and this arose solely because she had reached the age of 65.

The Tribunal took into account the Employee Handbook which stated, “In addition to the pension, the Company operates an insured death-in-service (DIS) scheme which covers all permanent employees without exception.” Therefore a finding of discriminatory conditions of employment was established. The complainant also succeeded in an equal pay case for the period from October 2007 to October 2008.

She was awarded €5,000 in compensation for the discriminatory treatment suffered and equal pay remuneration of €523.93 (€43.66 x 12). Here, we can see the ancillary consequences of seeking to apply a retirement age, even if the notice of retirement is withdrawn. It did not help that it took the employer 11 months to work out that the employee was over the supposed retirement age.

http://www.equalitytribunal.ie/Database-of-Decisions/2012/Employment-Equality-Decisions/DEC-E2012-136-Full-Case-Report.html