This article examines a recent decision of the High Court dated 26th October 2017 in the case of Quigley v Health Service Executive [2017] IEHC 654.

The Plaintiff was employed with the HSE as a General Practitioner, specialising in substance abuse. The Plaintiff attained the age of 65 on the 19th October 2017.

The Plaintiff received a letter from the Defendant informing him that his employment would terminate on his 65th birthday and that his last day of employment would be 18th October 2017 by reason of the fact that the plaintiff would then reach the retirement age of 65 years of age.

The Plaintiff contended that the Defendant was not entitled to terminate his employment on the basis of