Ireland risks being ‘outlier’ on working age

Law firm Mason Hayes & Curran (MHC) says that Ireland is at risk of becoming “an outlier” among European countries on the issue of mandatory retirement ages.

It cites a recent survey that it carried out on the topic of ‘employee age as an asset’, adding that mandatory retirement is becoming broadly prohibited across the rest of Europe. . 

MHC says that the survey, which covered more than 100 employers, suggest “a surprising lack of data evaluation, strategy, or risk analysis on age by employers”.

Mandatory retirement age 

According to the firm’s survey, only 10% of employers have trained their staff on age inclusion or how to lead the five generations now engaged in the workforce. 

Of the employers surveyed, 78% are still stating a mandatory retirement age, which varied from 60 to 70 years, in their employment contracts or policies. 

MHC points out that it is against the law to discriminate based on age in Ireland. It is not discriminatory, however, to fix a retirement age for employees, provided the age chosen can be objectively justified by a legitimate aim, and that the means of achieving that aim are appropriate and necessary. 

“It has also become increasingly apparent that the Workplace Relations Commission (WRC) will heavily review the imposition of mandatory retirement ages in the workplace if challenged by an employee,” the firm states. 

‘Risk of losing skilled workers’ 

“With life expectancy and the cost of living increasing for people all over the world – including Ireland – employees, whether by choice or necessity, are increasingly seeking to stay in the workforce beyond the age of 65,” says MHC partner Melanie Crowley.   

“Organisations need to be prepared for this and ensure they do not leave themselves exposed to potential claims of discrimination in the workplace if such employees are not recruited or retained,” she added. 

Partner Catherine O’Flynn added that there was a risk that skilled older workers would be lost prematurely if employers did not have an age strategy ensuring their recruitment and retention in the workforce. 

“Employers in Ireland should be considering introducing intergenerational learning initiatives, mentoring between older and younger workers, and unconscious-bias training at a minimum,” she concluded. 

MHC released the survey findings ahead of a conference on employee-age awareness on 23 January.