From 29 June 2026, new legislation will give eligible employees the right to remain in work until they reach the State Pension age of 66, even if their employment contract specifies a retirement age of 65. 

 

What does this mean for employers? 

Employees who wish to continue working beyond their contractual retirement age must notify their employer at least three months before their retirement date (and no earlier than 12 months beforehand). 

Employers must carefully consider the request and, if they decide to enforce the contractual retirement age, they must provide a written response explaining why. Any decision to require retirement must be objectively and reasonably justified by a legitimate business aim. 

 

Who does this apply to? 

The new entitlement applies to employees whose contractual retirement age is below 66. It does not apply where the retirement age is already 66 or higher, or where retirement ages are set by law for certain occupations. 

 

What should Early Years employers do? 

Early Years services should review their employment contracts, retirement policies and procedures to ensure they reflect the new legal requirements. Managers should also be familiar with the updated Workplace Relations Commission Code of Practice on Longer Working and be prepared to handle any requests from employees in line with the new legislation. 

If you have any questions about how these changes may affect your service or employment documentation, please get in touch with our team at reception@canavanbyrne.ie.