Part Time Work and Less Favourable Treatment
1. Introduction Section 9 of the Protection of Employees (Part-Time Work) Act 2001 prohibits less favourable treatment of part-time employees in respect of their conditions of employment, compared with comparable full-time employees. The provision is the central substantive protection in the Act and gives effect to clause 4 of the Part-Time Work Framework Agreement annexed
Read MoreFamily Leave and Carer’s Leave
1. Introduction The Carer’s Leave Act 2001 provides for an entitlement to carer’s leave for an employee who wishes to leave employment temporarily to provide full-time care and attention to a relevant person. The entitlement is significant in scope, providing up to 104 weeks of unpaid leave in respect of any one relevant person. This
Read MoreEmployment Equality and Sexual Harassment
1. Introduction Sexual harassment in the workplace is treated as a form of discrimination on grounds of gender under Section 14A of the Employment Equality Acts 1998 to 2015. The Act imposes a statutory duty on employers to take reasonably practicable steps to prevent sexual harassment and to remedy it when it occurs. This article
Read MoreEmployment Equality and Religion
1. Introduction Religious discrimination claims under Section 6(2)(e) of the Employment Equality Acts 1998 to 2021 raise issues including dress code requirements, religious holidays, prayer times, dietary requirements, and the interaction between religious belief and other equality grounds. This article sets out the framework for religion discrimination claims, the interaction with the Section 37 religious
Read MoreAdoptive Leave and Statutory Entitlement
1. Introduction The Adoptive Leave Act 1995, as amended by the Adoptive Leave Act 2005, provides for an entitlement to adoptive leave for relevant adopting parents. The leave provides parallel protection to maternity leave in the context of adoption, with substantive and procedural protections. This article addresses the adoptive leave entitlement, the qualifying conditions, the
Read MoreEmployment Equality and Reasonable Accommodation
1. Introduction Reasonable accommodation is the cornerstone protection for employees with disabilities under the Employment Equality Acts 1998 to 2015. Section 16 of the Acts requires employers to take “appropriate measures” to enable a person with a disability to access, participate and advance in employment, unless those measures would impose a disproportionate burden on the
Read MoreEmployment Equality and Race
1. Introduction Disability discrimination is one of the most frequently litigated grounds under the Employment Equality Acts 1998 to 2021. Section 2 of the 1998 Acts defines disability broadly to include physical, mental, intellectual and sensory impairments, both present and historical, including conditions in remission. This article sets out the framework for disability discrimination claims,
Read MoreEmployment Equality and Pregnancy
1. Introduction Pregnancy-related discrimination is, in Irish and EU law, treated with particular seriousness. Pregnancy discrimination is a form of direct gender discrimination under Section 6 of the Employment Equality Acts 1998 to 2021 and engages parallel protections under the Maternity Protection Acts 1994 to 2004 and the Pregnant Workers Directive (Directive 92/85/EEC). This article
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Industrial Relations and Section 13 Disputes
1. Introduction Section 13 of the Industrial Relations Act 1969 (as amended) provides for the resolution of trade disputes between an individual worker and his or her employer through the WRC. The provision is a significant channel for the resolution of workplace disputes that fall outside the scope of other statutory regimes. This article addresses
Read MoreEmployment Equality and HIV Status
1. Introduction HIV status has been confirmed by the WRC as a disability for the purposes of the Employment Equality Acts 1998 to 2021. Claims involving HIV status raise particular issues around medical privacy, disclosure, and the interaction with workplace safety considerations. This article sets out the framework for HIV-related discrimination claims, the typical fact
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