Equality

The implications of the Employment Equality Acts for employers are wide ranging. They have ramifications across a broad spectrum of activities including recruitment and selection, determination of pay and the composition of terms and conditions of employment. An individual can allege discrimination on the grounds of gender, civil status, family status, sexual orientation, religious belief, age, disability, race or membership of the traveller community.

The Employment Equality Acts specifically deal with harassment and sexual harassment in the workplace. The welfare of employees is not protected if they are harassed or bullied at work. Where employees suffer continual and unchecked bullying, a claim for constructive dismissal can be taken under the Unfair Dismissals Acts. The Safety Health and Welfare at Work Act 2005 requires employers to protect the welfare of employees and the Health and Safety Authority is the state agency with responsibility for the area of workplace bullying.

A commitment from an organisation to the equal treatment of employees creates a positive work environment where the right of each individual to dignity at work is recognised and protected.

Religious observance in the workplace: key considerations for employers

02/06/2017 - An increasing diverse workforce can lead to requests from employees not to work on certain days in observance of religious holidays or requesting the use of the company’s meeting rooms for prayer. How should a company address these and other religion/ belief related issues?

CJEU rules candidates can be excluded based on age in police recruitment

01/12/2016 - Following a referral of the case from the Spanish courts, in November 2016 the CJEU ruled that the maximum age of 35 for the recruitment of certain police officer roles in the Basque Country was compliant with EU law.

Ensure your summer social events are enjoyed safely

28/07/2016 - With summer upon us, some employers may be organising workplace social events to reward staff and boost morale. The prudent employer will wish to ensure that these corporate social events are enjoyed safely and in line with good practice and Ibec’s guide to social events may be useful in this regard

Employment equality guideline

08/06/2016 - This guideline sets out the wide ranging implications of the Employment Equality Acts for employers.

Sample policy on personal relationships at work

13/02/2015 - Sample policy on personal relationships at work

Sample equal opportunities and dignity at work policy

15/10/2014 - To successfully defend claims under the Employment Equality Acts, employers should have clear, well communicated Equal Opportunities and Dignity at Work policies and procedures in place.

Equality mainstreaming - useful tools and resources

26/06/2014 - Equality mainstreaming - useful tools and resources to look at how to embed equality into an organisation's practices

Company dress code policy - sample clauses

16/07/2013 - Many employees are required to wear a uniform or comply with a certain standard of appearance during the course of their employment.

Hiring relatives of current employees

16/04/2013 - Even when it is objectively justifiable, it can be complicated for an organisation to adopt a policy that seeks to prohibit the hiring of current employees' relatives.

Sample policy on hiring relatives of existing employees

16/04/2013 - Attached is a sample policy on hiring relatives of existing employees. It may be of interest to members that are planning to introduce a policy in this area or to those reviewing an existing policy.

Dress codes - help or hindrance?

12/12/2012 - It can be justifiable for an employer to have a dress code/appearance policy for hygiene or health and safety reasons but the onus would be on an employer to demonstrate this if such a policy was challenged. Employers are advised to be in a position to objectively demonstrate the need for a specific rule regarding appearance.

Code of Practice on Sexual Harassment and Harassment at Work 2012 (Employment Equality Acts)

26/09/2012 - This document outlines the Employment Equality Act 1998 (Code of Practice) (Harassment) Order 2012 (S.I. No. 208 of 2012).

Disability and health and safety - is there a conflict?

10/07/2008 - This document from FAS discusses potential points of conflict between accommodating disability in the workplace and meeting health and safety requirements.

€327,000 awared in race discrimination case

26/05/2008 - The Equality Tribunal in 58 Named Complaints v. Goode Concrete Limited DEC-E2008-020 awarded €327,000 against the respondent company when it found that the respondent had contravened the Employment Equality Acts 1998 to 2008. The complainants’ terms and conditions of employment and safety documentation were not set out in a language, which was understandable to each of them, or explained by a person speaking a language they understood.

Charter for dignity at work

02/07/2007 - The charter for dignity at work from the Health and Safety Authority is used by organisation that wish to demonstrate a commitment to equal treatment of employees.

Employers and Employees on the Prevention and Resolution of Bullying at Work - code of practice (HSA)

12/04/2007 - The Code of Practice for Employers and Employees ont he Prevention and Resolution of Bullying at Work (HSA) provides practical guidance for employers on identifying and preventing bullying at work arising from their duties under the Safety, Health and Welfare Act, 2005.

Procedure for addressing bullying in workplace - Code of Practice (Industrial Relations Acts)

27/03/2002 - S.I. No. 17 of 2002, Industrial Relations Act 1990 Code of Practice detailing Procedures for Addressing Bullying in the Workplace (Declaration) Order 2002 sets out procedures for addressing allegations of workplace bullying.