James Potts, CEO at BrightHR Ireland gives some timely HR advice on being prepared for employment law changes in 2026
New legislation to support employees is coming in 2026. As employers are congratulating themselves for sorting their auto-enrolment responsibilities by 1 January, there’s more legal compliance to come. If you’re still unsure, read the BrightHR guide to pension auto-enrolment here.
New rules on working after retirement age
The Employment (Contractual Retirement Ages) Act 2025 became law on 16 December last year. It allows employees to refuse early retirement and remain in their jobs until age 66 (the qualifying age for the state pension). Formal commencement isn’t expected until later this year, but I’d advise employers to start preparing now. Here are the key points:
If an employee wants to work beyond the age of 66, they’ll need to inform their employer less than a year but more than three months before their scheduled retirement age. Their employer must respond in writing within a month, and if they decline, their reasons must be objective and justified. This ‘objective justification’ could be due to circumstances like health & safety, organisational structure, or succession planning. But, it has to be applied specifically to that individual.
Clarification on the code of practice is due to be published in the coming months.
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