Age-Related Equality Claims on the Rise
The Workplace Relations Commission (WRC) recently published its Annual Report for 2022.
During the year 2022, a total of 6,263 applications for complaints were received, consisting of 12,790 individual complaints. On average, each complaint application contained two specific individual complaints. This marked a 4.5% increase in complaint applications and a 6.5% increase in individual complaints compared to the previous year, 2021.
Throughout 2022, the Inspectorate of the WRC successfully recovered €1.4 million in unpaid wages for employees. Additionally, 5,820 inspection visits were conducted during this period. These inspection visits led to the identification of over 5,700 instances where employment legislation was violated.
Age-related Unfair Dismissal
The one area that has seen a significant increase is age-related claims.
The report revealed a startling 176% increase in age-related equality claims, compared to the previous year (186 in 2021 compared to 514 in 2022).
The significant rise in age-related equality claims within the Irish workforce identifies a need for heightened awareness and action. The surge in claims suggests that ageism remains a prevalent concern in today's workplaces.
Such claims can have profound consequences for both employers and employees. From an employer's perspective, discrimination claims can tarnish the company's reputation and have potential legal implications. Such cases can also lead to decreased employee morale, productivity, and loyalty, as well as increased turnover rates.
Mandatory Retirement Age
There is an increasing trend of employees requesting to extend their working years. However, navigating this terrain remains a challenging task for employers as they encounter various pitfalls.
The rise in age-related equality claims, as observed in the WRC Report, is a reminder for employers to exercise caution if attempting to enforce mandatory retirement. Employees are now well-informed about their rights under Irish employment law and are more inclined to challenge employers who impose a mandatory retirement age.
It is therefore essential for employers to be proactive in addressing potential age discrimination issues and to create a workplace culture that values diversity and inclusivity.
Employers should ensure their policies and practices help protect them from this happening by aligning them with legal requirements and best practices when it comes to retirement in particular.
Should you find yourself in need of assistance or have a specific case that you are uncertain how to navigate, please don't hesitate to reach out to us. Our team of specialists is here to provide guidance and support, addressing any questions or concerns you may have. Feel free to give us a call, and we will be more than happy to assist you with your query.
By Kamila Gero
