John Lahart (Dublin South West, Fianna Fail)
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507. To ask the Minister for Enterprise, Trade and Employment the options available to a person (details supplied) to remain working longer within the private sector; and if he will make a statement on the matter. [10724/25]

Alan Dillon (Mayo, Fine Gael)
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There is currently no general statutory retirement age for employees in Irish legislation, apart from certain public sector employees where statutory retirement ages may apply. A contract of employment often sets out a specific retirement age but this is a matter of contract between employers and employees.

It is important to note that employment equality legislation does not specify any retirement age. Under EU and Irish law, an employer is permitted to set a retirement age in circumstances where it can be objectively and reasonably justified by a legitimate aim, and the means of achieving that aim are appropriate and necessary.

Employees have the right to invoke the protection of the Employment Equality Acts if their employer seeks to compulsorily retire them and they have the right to refer a complaint to the Workplace Relations Commission (WRC) for an adjudication and redress where appropriate.

Accordingly, in situations where a person wants to continue in employment over the age of 66 and their employer enforces a retirement age of 66, that retirement age must be objectively justified by the employer. If employees believe their rights have been breached, they can refer complaints to the WRC under employment equality legislation.

There are existing guidelines which provide assistance in best practice in dealing with retirement. The WRC Code of Practice on Longer Working sets out guidance for employers, employees and their representatives to follow during the engagement between employers and employees in the run up to retirement, including responding to requests to work beyond the usual or contractual retirement age. It is available on the WRC's website.