# made redundant at 72 - what entitlements?



## anotherdub (15 Aug 2009)

I have a friend who has been working part-time with the same employer continuously for nearly 10 years.  There is no contract of employment. 
The company wants to change how the work is carried out, and they believe it is not suited to someone over 70. So my friend is no longer required by the employer.

Is she entitled to the normal statutory redundancy payments even though she is over 70?  (As far as I know there is no statutory retirement age in Ireland, and this is usually specified in the contract of employment.)

If the employer brings in a new mandatory retirement age of 70, can they force my friend to *retire* (with no statutory redundancy, or must they make them *redundant*?

Any advice appreciated. I can't find a clear answer at employmentrights.ie or citizensinformation.ie. Thanks.


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## Purple (15 Aug 2009)

If they have actually written anything along the lines of _ "The company wants to change how the work is carried out, and they believe it is not suited to someone over 70"_ then they are in clear breach of equality legislation. 
Your friend should call the Equality Authority.


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## sistinas (16 Aug 2009)

this is a tough one. From what I know (and I'm not an expert), once you're over 65 you're not entitled to redundancy. There is very little legislation protecting workers over 65. Likewise, I think the agesim claim previously mentioned only applies to workers between 18-65.

The only POSSIBLE avenue I see for your firned is this -, if she is so inclined, she could hassle her employer a bit by demanding to see their employment contract - every worker is entitled to an employment contract within 3 months of joining a company. In all likelihood the employer will not be able to produce one on the spot (without legging it off and typing one up that is), at which point she could claim that the employer changed the terms of her employment ad lib. Maybe then she could have a valid claim for some small compensation, or at least get a few weeks pay off them. Sorry I cant come up with anything better.


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## Purple (17 Aug 2009)

sistinas said:


> this is a tough one. From what I know (and I'm not an expert), once you're over 65 you're not entitled to redundancy. There is very little legislation protecting workers over 65. Likewise, I think the agesim claim previously mentioned only applies to workers between 18-65.



No, that was tchanged in the 2004 Equality Act.


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## sistinas (18 Aug 2009)

apologies Purple, I stand corrected.

anotherdub, has your friend's employer offered anyting by way of compensation for the loss of their job?


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## anotherdub (18 Aug 2009)

Hi guys,

Thanks for all the advice.

No compensation was offered. The employer actually told her that over 65's weren't entitled to severance payments. 

I can see that section 5 pf the Redundancy Payments Act, 1979 (here) limiting payments to under 65's was repealed in 2007 (here) and read elsewhere about 2004.

I know over 65's are not required to pay full PRSI (as they can't change their state pension once past 65), but I agree that everything points to unfair treatment if no redundancy payment is offered.

I think she will need to take this further.


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