ARTICLE · 09 FEBRUARY 2018

Compulsory Retirement And Requests To Remain At Work: WRC Code Of Practice On Longer Working

Arthur Cox

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On 2 January 2018 the Workplace Relations Commission published its Code of Practice on Longer Working1.

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BACKGROUND:

On 2 January 2018 the Workplace Relations Commission published its Code of Practice on Longer Working¹.

The Code attempts to bring some clarity to the dilemma faced by employers operating traditional retirement ages between 60 and 65 and the growing demand for later retirement. This dilemma is further emphasised in some cases by the income gap created by the pushing out of the state pension age to 66, to 67 in 2021 and 68 in 2028. The introduction of the obligation to objectively justify retirement ages and fixed-term contracts given to employees retained in employment after reaching normal retirement age² adding to the complexity of the issue for employers.

The Code does not purport to solve all issues related to its subject matter and it does not provide unequivocal or absolute answers for employers. Decisions in respect of organisation- wide retirement ages and/or individual employees will still require careful consideration, case by case.

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