WRC Find it is Not Unlawful for Employer to Enforce Mandatory Retirement Age, Despite Shortcomings in Following Code of Practice

Eugene McEnery v Partners in Logistics Ltd (ADJ-00052442) concerned an employee who alleged he was subjected to discriminatory treatment by his employer on the grounds of his age, when he was forced to retire six months after reaching the age of 65. This case was brought before the Workplace Relations Commission (“WRC”) under the Employment Equality Acts 1998-2015 (the “Acts”). The Complainant also lodged a complaint of discrimination in relation to his salary on the grounds of age and gender.

Facts: The Complainant was employed by the Respondent from 1st January 2003 to 14th June 2024 as a warehouse operator. As the Complainant approached the age of 65 in November 2023, he submitted a formal request to extend his employment beyond the age of 65. There was a dispute between the parties on the precise events following this request. The Respondent argued they agreed to a temporary extension on the explicit understanding that it was on an exceptional basis. They submitted to the WRC that they knew the Complainant had recently gotten married and therefore granted him some flexibility around his retirement date. The Complainant argued that by agreeing to his request to work beyond his 65th birthday the Respondent had effectively confirmed there was no mandatory retirement age in the organisation.

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