Expert Legal Advice on Employment Equality
We are here to provide expert legal guidance on employment equality in the workplace. Employment Law Solicitor has extensive experience advising both employers and employees on all aspects of employment equality. Our team has a proven track record of securing successful outcomes for clients through both formal and informal mechanisms.
Speak to one of our Dublin-based specialist employment solicitors to determine how we can best assist you with your employment equality concerns.
Employment Equality Law Resources:
- Guide to Employment Equality Acts
- Proving an Employment Equality Claim
- Bringing an Employment Equality Claim
- Employment Equality Cases and Claims
Bringing an Employment Equality Claim
The Employment Equality Acts prohibit discrimination on nine protected grounds and apply broadly to all aspects of employment. Protection under these laws begins at the recruitment stage and extends throughout employment, including termination. Employees do not need to meet a minimum service period to be protected, meaning even job applicants are safeguarded against discrimination, harassment, and victimization.
What is Discriminatory Treatment?
Employment equality laws prohibit discrimination in:
- Access to employment
- Conditions of employment
- Pay
- Training and experience
- Promotion and reclassification of roles
Employers are also prohibited from issuing instructions to discriminate. Additionally, discriminatory dismissal—including constructive dismissal on any protected grounds—is strictly prohibited.
What are Multiple Discriminatory Acts?
The Workplace Relations Commission and courts have recognized that certain combinations of protected characteristics (e.g., race and gender or gender and disability) can lead to compounded discrimination. Although not explicitly outlined in the Employment Equality Acts, claims of multiple, dual, or combined discrimination have been successfully upheld.
How is Discrimination Defined?
Under Section 6(1) of the Employment Equality Acts, discrimination occurs when a person is treated less favorably than another in a comparable situation due to a protected characteristic. This definition includes discrimination based on a past, present, or future characteristic.
What is ‘Comparable Treatment’?
To establish discrimination, a complainant must show they received less favorable treatment than another employee in a similar position. The choice of comparator is crucial, as claims without a valid comparator typically fail. The comparator must be relevant and within the appropriate workplace context.
What is a ‘Hypothetical Comparator’?
In cases where no real-world comparator exists, the Labour Court may permit the use of a hypothetical comparator. However, for a successful claim, the complainant must demonstrate that discrimination occurred on each of the alleged grounds.
Making an Employment Equality Claim
Employees are encouraged to first raise workplace concerns directly with their employer. If an employer fails to provide an adequate resolution, the employee may bring their case before the Workplace Relations Commission, where an adjudication process will take place.
Employment Equality Solicitor
Seeking legal representation ensures that both employees and employers fully understand their rights and options in an employment dispute. Employment Law Solicitor has a strong track record of achieving positive resolutions through both legal representation and negotiation.