Paternity Leave and Statutory Entitlement
1. Introduction The Paternity Leave and Benefit Act 2016 provides for an entitlement to two weeks of paternity leave for relevant parents in respect of the birth or adoption of a child. The entitlement is supported by paternity benefit under the social welfare system, providing income replacement during the leave. This article addresses the paternity
Read MoreParental Leave and Statutory Entitlement
1. Introduction Section 6 of the Parental Leave Act 1998, as amended, provides for an entitlement to parental leave for parents of qualifying children. The current entitlement is 26 weeks of unpaid leave per child, taken in respect of children under 12 (or 16 in the case of children with disabilities). This article addresses the
Read MoreNational Minimum Wage and Sub-Minimum Rates
1. Introduction Section 14 of the National Minimum Wage Act 2000 provides for sub-minimum rates of pay for younger workers. The provision recognises that, in certain circumstances, the full national minimum wage may be inappropriate, while ensuring that a substantial floor remains in place. This article addresses the Section 14 framework, the categories of workers
Read MoreMaternity Leave and Return to Work
1. Introduction Section 26 of the Maternity Protection Act 1994 provides that an employee returning to work from maternity leave is entitled to return to the job which she held immediately before the start of the period of absence. The provision is a substantive right that gives effect to the protective purpose of the maternity
Read MoreMaternity Leave and Protection from Dismissal
1. Introduction Section 23 of the Maternity Protection Act 1994 provides for the suspension of dismissal during the protective period. The provision creates a near-absolute prohibition on dismissal during maternity leave and connected absences, with limited exceptions. This article addresses the Section 23 protection, the scope of the protective period, the limited exceptions, and the
Read MoreEmployment Equality and Victimisation
1. Introduction Victimisation under Section 74 of the Employment Equality Acts 1998 to 2021 protects employees from adverse treatment in retaliation for engaging in protected acts — typically the making or supporting of an equality complaint. Victimisation is a standalone form of discrimination and can ground a complaint even where the underlying equality complaint did
Read MoreEmployment Equality and the Statutory Cap
1. Introduction Section 82 of the Employment Equality Acts 1998 to 2015 sets out the compensation and other forms of redress that the WRC may order where a complaint is upheld. Compensation in employment cases is generally capped at two years’ remuneration, with a fixed minimum and maximum for non-employee complainants. This article considers the
Read MoreEmployment Equality and the Comparator
1. Introduction The comparator is central to most direct discrimination complaints under the Employment Equality Acts 1998 to 2015. A complainant must generally show that they were treated less favourably than a person of a different gender, age, race, religion or other relevant ground, in circumstances that are not materially different. This article considers the
Read MoreEmployment Equality and the Burden of Proof
1. Introduction Section 85A of the Employment Equality Acts 1998 to 2015 establishes a shifting burden of proof in discrimination complaints. The complainant must first establish a prima facie case of discrimination, after which the burden shifts to the respondent to rebut the inference. The leading authority on the application of Section 85A is the
Read MoreEmployment Equality and Sexual Orientation
1. Introduction The sexual orientation ground under Section 6(2)(d) of the Employment Equality Acts 1998 to 2015 protects employees from discrimination by reason of their heterosexual, homosexual or bisexual orientation. This article considers the scope of the protection, the limited statutory exceptions, and the practical issues that arise in relation to dress codes, conduct policies
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