You’re 65 and being forced to retire; can they do that?

Contracts can determine when you must retire but legislation expected next year may force employers to be more flexible

Companies risk losing a lot of experience that can be important to their success by forcing older workers to retire at a certain age. Photograph: iStock
Companies risk losing a lot of experience that can be important to their success by forcing older workers to retire at a certain age. Photograph: iStock

Can you be forced to retire at 65? At the moment the answer seems to be yes, maybe or no, according to the experiences of some of our readers and various court cases.

It’s all confusingly grey for the grey-haired and, as more workers need and want to work longer, the uncertainty is causing anxiety and a slew of cases at the Workplace Relations Commission (WRC) and the Labour Court.

The outcomes of recent cases taken by private-sector workers show that companies with mandatory retirement ages written into employee contracts or with carefully considered and implemented policies are more likely to win their cases, even if there are inconsistencies in how the policies are applied.

A new piece of legislation is expected next year, though that may allow private-sector workers to stay on up to age 70 if they wish. Most workers in the public sector can already stay on until that age.

The Employment (Contractual Retirement Ages) Bill 2025 acknowledges that some workers are caught in financial limbo between having to retire from work at 65 and not being entitled to their State pension until they turn 66. Others may want to work beyond that for a sense of purpose, intellectual and social engagement, or for financial necessity. Another possible consideration for working beyond 65 is that medical card eligibility is now means tested even for those over the age of 70.

Economically, the Government knows it needs more people to work for longer to alleviate the tight labour market and reduce older people’s financial reliance on the State. Ireland’s Inactive Population and the Labour Market, a Government working paper just published, suggests targeted policy interventions for older workers including: flexible work options, phased retirement, increased pension contributions, training, reskilling and activation supports for those who want to work longer, plus affordable childcare and housing for those wishing to return to the workforce after an absence.

https://www.irishtimes.com/your-money/2025/09/02/five-habits-of-people-who-take-early-retirement/Opens in new window ]

As of the second quarter of this year, 1.5 million individuals aged 15 and over are classified as inactive, meaning they are not in employment and not actively seeking work. While nearly half of this group is aged 65 and older – and typically not expected to re-enter the labour force – the prime working age group (25–54 years) accounts for 18 per cent of the inactive population (266,800 people).

Most of this group is also female (191,400), highlighting a gendered dimension to inactivity. Barriers to work include caring responsibilities, illness or disability.

Many readers have been in touch to share their stories about forced retirement and being sidelined at work once they reach their 50s, following last week’s column on the need for companies to retain older workers. We share their stories here.

Willing and able

Mary’s* colleague Barbara* is excellent at her job, but she will be forced to retire at the end of the year. She’s very fit and active intellectually, physically and socially. She cycles to work every day and attends at least three exercise classes each week.

Barbara works in a not-for-profit organisation and her contract says she must retire at age 65. She has asked to continue working full or part time for a few more years, but has been told it is not possible.

“They’ve interviewed for a replacement, no one is appointable, so they’re going to use agency staff to replace her. It’s heartbreaking to watch her finishing up because she really doesn’t want to go.” There are loads of people in her situation too, says Mary.

“I can’t believe in this day and age if someone wants to work on that they can’t. What’s happened to all the talk of ageism and inclusion?”

Shrinking options

Daniel*, who is in his late 50s and works in the non-profit/charities sector, says the options shrink at work once you reach a certain age.

“I’ve found myself either ‘unwanted, sidelined’ or indeed intermittently burnt out after 18 years with the same employer. Opportunities to leave, and start over in a new job, suddenly seem scarce. While presenting with experience and qualifications, most applications I’ve sent don’t elicit a response from employers. In the vacuum, one is forced to conclude age must indeed be a factor.”

He remembers the Older & Bolder campaign 20 years ago, funded by Atlantic Philanthropies, that drew together all the advocacy groups for older people.

“At the time (pre-crash, full employment) they were very exercised about older people having the opportunity to work beyond 65. Today, it looks as though there’s a generation maturing into a time when they will have no choice but to work beyond retirement age.

“I know too many peers with no pensions who are renting their homes, and I think we’re going to see a lot more workers in that situation in the coming decade.

“My own experience now is made tolerable only by the permanent nature of my job, and the reasonable expectation of being able to retire without much financial pressure in the next few years. The struggle, however, is to find meaning in the small, and shrinking, corner of the organisation I work in. That continues to be a work in progress.”

Younger colleagues

Seán Redmond, who is in his mid-50s, lives and works in a technology-related role in Switzerland. His company recently altered their terms of service to allow people to work until they are 70. However, he is concerned about blocking career progression for younger people.

“I plan to suggest to management that they hire two fresh-faced youngsters when I am 60. I will train them over the five to 10 years before I leave the company. I can well imagine that I will work until I am 70, but will reduce the number of days I work per week down from five full days to five half days (or something equally flexible) to help with this concern.

“I like my work, which is why I am not looking forward to having to stop it. I also like the salary it gives. We have just got the roof insulated and mounted with 38 solar panels. A heat pump is next and this we need to save for.

“It will not surprise me if I live into my 90s and this gives me a good 20 years of retirement. I do not want to have to rely on my pension to help reduce the harms facing younger generations.”

Talking shop

If you don’t want to retire at age 65 and your employer is not for turning, you do have options. A first step might be calling your local independent, government-funded Free Legal Advice Centres (Flac) on 01-906 1010 for advice.

Union members can contact their representative to better understand their situations. Many of the cases before the WRC and the Labour Court involve trade union members who are represented by union officials.

If you hit a dead end with all these options, it could be worth looking for another job yourself, going self-employed or engaging with government services that help people return to work. Help is available from Intreo and Skillnet Ireland’s Skills Connect initiative which supports those wishing to rejoin the workforce through industry-recognised training programmes.

Margaret E Ward is chief executive of Clear Eye, a leadership consultancy. margaret@cleareye.ie

*Names have been changed to preserve anonymity

Margaret E Ward is chief executive of Clear Eye, a leadership consultancy. margaret@cleareye.ie

Margaret Ward

Margaret E Ward

Margaret E Ward is a contributor to The Irish Times