LEGAL NEWS & INSIGHTS
A New Right to Work Until State Pension Age
What employees and employers need to know before 29 September 2026
15 September 2026
A significant new employment right has come into effect in Ireland for employees whose contractual retirement age is below the State Pension age of 66. Under the Employment (Contractual Retirement Ages) Act 2025, an eligible employee may formally notify their employer that they do not consent to retiring at the earlier contractual age and wish to remain in employment until they reach State Pension age.
What must an employee do?
The notification must be made in writing:
• At least three months before the contractual retirement date; and
• No more than twelve months before that date.
Where the employment contract requires a longer notice period, the employee must give that notice or six months’ notice, whichever is shorter. The employee must also have completed their probationary period.
Can an employer refuse?
An employer must properly consider the notification. If the employer intends to enforce the earlier retirement age, it must respond in writing within one month and explain its reasons. The employer must be able to show that retiring that particular employee is objectively and reasonably justified by a legitimate aim—and that enforcing retirement is an appropriate and necessary way of achieving that aim.
A general reference to company policy may not be sufficient.
Why is 29 September important?
The legislation commenced on 29 June 2026. Because employees must give at least three months’ notice, 29 September 2026 is the earliest contractual retirement date to which the new statutory procedure can apply. Employers should now review their employment contracts, retirement policies and procedures. Employees approaching a contractual retirement age below 66 should obtain advice early, as strict notification periods apply.
How Jordan Law can assist
Jordan Law advises both employers and employees on contractual retirement ages, workplace procedures and employment disputes. If you need advice about how the new rules affect you or your business, please contact us before taking formal action.
This article provides general legal information only and should not be treated as advice concerning any individual case. The law is stated as of 15 September 2026.