The employer must comply with the principle of equality between men and women who do the same job. Employer has to ensure that there is no gender discrimination in relation to conditions of employment, access to employment, training or experience in relation to employment, promotion or recruitment or classification of posts. The employment equality legislation (Equality Acts 1998 & 2015) provide for equal pay for like work. Like work is defined as work that is same, similar or work of equal value. The equal remuneration term also has to be part of the employment contract. A worker can claim equal pay on the following nine (09) grounds: gender, civil status, family status, sexual orientation, religion, age, disability, race, membership of the Traveller community. If a worker brings equal pay claim before the Equality Tribunal, an order for equal pay and up to three years’ arrears may be ordered.
(Employment Equality Act 1998-2015 §6, 8, 19, 26 and 82)
The Employment Equality Acts prohibit discrimination by an employer on the grounds of Gender (man, woman, transsexual), Marital/Civil status (single, married, separated, divorced, widowed people, civil partners and former civil partners), Family status (parent of minor children under 18, parent of a person with disability or resident primary carer), Sexual orientation (gay, lesbian, bisexuals, heterosexual), Religion (religious beliefs, background, outlook or none), Age (not applicable to persons under 16 years), Disability (people with physical, intellectual, emotional cognitive, or learning disabilities and a range of medical conditions), Race (race, skin color, nationality or ethnic origin), and Membership of the Traveller community. The Employment Equality Acts apply to all employees irrespective of their length of service. Employees may bring a complaint to the Equality Tribunal whose decision may be appealed to the Labour Court. The Employment Equality Acts prohibit discrimination in relation to conditions of employment, access to employment, training or experience in relation to employment, promotion or recruitment or classification of posts.
The Protection of Employees (Part-Time Work) Act 2001 requires that part-time employees must not be treated less favourably than full-time employees.
The Protection of Employees (Fixed-Term Work) Act 2003 ensures that fixed-term employees must not be treated less favourably than comparable permanent employees and that an employer cannot continually renew fixed-term contracts.
The Unfair Dismissals Acts 1977 to 2007 (section 06) further provide that a dismissal is automatically considered if it is prompted by any of the following reasons: membership or proposed membership of a trade union or engaging in trade union activities, whether within permitted times during work or outside of working hours; religious or political opinions; legal proceedings against an employer where an employee is a party or a witness, race, colour, sexual orientation, age or membership of the Traveller community, pregnancy, giving birth or breastfeeding or any matters connected with pregnancy or birth, availing of rights under legislation to maternity leave, adoptive leave, parental leave, force majeure leave, carer’s lave; and unfair selection for redundancy.
If a complaint is made to the Equality Tribunal, it can order equal treatment and award compensation of two years’ salary (104 weeks of salary). If a worker is fired on any of the above grounds, the Tribunal can order for reinstatement or re-engagement accompanied by compensation.
(Employment Equality Acts §6, 8, 26 and 82)