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1. What is the difference between the Employment Equality Acts and the Equal Status Acts?.
Employment Equality Acts
Discrimination at work is covered by the Employment Equality Acts. If you are an employee, or trying to get a job, and you feel you are discriminated against unlawfully, on any of the nine prohibited grounds, you can make a claim under these Acts. The legislation covers all aspects of work including recruitment and promotion, the right to equal pay, conditions of employment, training or experience. For more information visit our 'What is the Employment Equality Act?' section.
Equal Status Acts
Discrimination outside the workplace is covered by the Equal Status Acts. If you are trying to get goods or services and you feel you are discriminated against unlawfully, on any of the nine prohibited grounds, you can make a claim under these Acts. The legislation covers many different goods and services. It includes access to a place, facilities for banking, entertainment, cultural activities or transport, professional or trade services, health services, access to education and accommodation. For more information visit our 'What is the Equal Status Act?' section.
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2. Can the Equality Tribunal advise either party to a dispute?
No, the Tribunal cannot advise on the merits of a case. Because the Tribunal is responsible for hearing and deciding equality cases, and must remain impartial, it cannot advise either party to a claim. If a claim goes to mediation, the Tribunal mediator must impartially help both sides to find a solution. If a claim goes to investigation, the Tribunal Equality Officer has to hear and assess the evidence impartially and to issue his or her Decision based on that evidence and any relevant legal considerations.
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3. What is the procedure for making a complaint?
Employment Equality Acts
Complaints of discrimination in relation to employment must normally be referred to the Equality Tribunal within 6 months. A Complaint may be made by downloading and completing the Complaint Form available at this link and submitting it to the address thereon.'
Complaint Form
Guidance Notes for Single Complaint Form pdf
Workplace Relations Customer Service,
Department of Jobs, Enterprise and Innovation,
O'Brien Road,
Carlow
A person who feels they have been discriminated against is entitled to ask the respondent (the employer against whom the complaint is made) for information which they may need to decide whether to refer the matter to the Equality Tribunal and to help them find out what actually happened. A request for information form, known as the EE.2 form, is available from the Tribunal.
A reply form, known as the EE.3 form, allows the respondent to set out their reply but the respondent is not obliged to respond. If the respondent does not reply or if the respondent's information is false or misleading the Act allows the Tribunal to draw inferences from this, if appropriate, when reaching a Decision.
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4. Who constitutes an employer under the Acts?
It can be difficult to identify the exact employer in some cases. A complainant may need to look at his/her contract of employment or payslip. It may be helpful to check with your union. If there is a doubt all possible employers should be named. If there is still a dispute, the Equality Officer can look at this issue first and decide it before looking at the rest of the claim.
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5. What happens if the respondent goes out of business (e.g. the business is sold or goes into liquidation)?
If a receiver or liquidator has been appointed, then he or she takes over responsibility for the respondent's debts. The claim can be made against the liquidator/receiver.
If the business has simply been sold, then the situation is more complicated. It may be best to take legal advice in this situation. Often the agreement for sale will state who is responsible for what claims against the business. Alternatively, a claim can be made naming both the seller and the purchaser, who can then sort out between them who is responsible.
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6. Is a lawyer or other representative needed during mediation and investigation?
No, there is not a requirement to have a lawyer or any other representative, and the majority of both complainants and respondents are not legally represented. However, parties may bey represented by a trade union, trade or professional body or a lawyer or any other person.
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7. What are the time limits for referring a complaint to the Equality Tribunal?
A claim of discrimination (except equal pay) must normally be referred to the Tribunal within 6 months of the date of the alleged incident, or of the most recent incident if there is more than one.
The Director of the Tribunal may extend time to a maximum of 12 months from the date of the last incident, if a complainant applies to do so and shows that there is reasonable cause to extend time. For more details, visit the links below:
A claim for equal pay is not covered by these statutory time limits. However, please note that redress may not be awarded for more than a total period of 6 years.
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8. How does one apply for extension of time?
More time to refer a complaint
A complainant has only six months normally to refer a complaint under either Acts. If he or she considers that exceptional circumstances prevented referral of the complaint within those six months, he or she (or a representative) may apply to the Director of the Tribunal for an extension of time for up to a further six months. The Director may grant an extension of time up to a maximum of twelve months from the date of the last incident of discrimination. He can only do so if the complainant applies for an extension and shows that there is reasonable cause to extend time. Therefore a complainant wishing to apply to extend time should include all necessary detail about why reasonable cause exists to grant an extension. Supporting evidence such as medical certificates should be included where relevant.
Please note that the Director has no power to extend time for lodgement of a complaint for more than 12 months after the date of the alleged incident.
For more details, visit the links below:
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9. Are faxed and e-mail complaints accepted?
The Tribunal normally cannot accept a complaint without a valid signature of the individual or his/her representative. Consequently if a complaint is faxed a complainant should also post the original. Complaints are not normally accepted by email. However in the event of particular difficulties please contact the Tribunal to see if special arrangements can be put in place.
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10. Is it necessary to complete a separate form for each person taking a complaint, or is one form enough?
There must be a complaint signed either by the complainant him/herself, or by their authorised representative. It is better for each complainant to complete a separate form, as there may be differences between individual cases, even where the same incident or practice is concerned.
However, where a representative is acting for a large number of complainants (for example a union representing 300 persons in an equal pay case) a single form signed by the representative will be accepted, provided that the names of all the complainants are clearly indicated in part of the complaint.
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11. Is it possible to take a complaint on more than one ground?
Yes. If a person that he/she have been discriminated on more than one of the nine grounds he/she may indicate each of the grounds that are applicable in the particular case. The Equality Officer will consider each of them.
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12. Is it possible to take a complaint on behalf of my son/daughter (aged under 18?)
Yes. If a child is too young to make a complaint, the parent or guardian can make a complaint on their behalf. Please state in the form the child's name and age, how they were discriminated against, the name and relationship to them, and that a claim is being made on their behalf. You can then sign the form for them. Evidence still needs to be given at the hearing about what happened, but your child will not be asked to give evidence if they are too young to do so.
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13. Is it possible to take a complaint on behalf of my son/daughter (aged over 18)?
If a child is over 18, a parent can represent them, but they must authorise the complaint themselves and give their own evidence about what happened.
If there are particular reasons (e.g. intellectual disability) why a person cannot represent themeselves, a parent or guardian can make a claim on their behalf. For more information, visit the Equality Authority website.
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14. Is it necessary to name comparators in an equal pay claim or will a named grade or group suffice?
Yes, one or more individual comparators must be named. A comparator is a person of other sex, nationality, civil status, etc who the complainant consider is being paid more for the same work or work of equal value. If a whole grade is being paid more than another in that situation, individuals in that grade can be named as comparators.
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15. What happens at a hearing?
The Equality Officer considers all of the evidence from both sides at the hearing. Each side is given an opportunity to put questions to the other and the Equality Officer will also question the parties on their evidence and on other points which may arise in the course of the hearing.
Having considered all of the evidence, the Equality Officer will issue a written Decision to both sides after the hearing.
The Tribunal is legally obliged to publish Decisions. However in certain sensitive cases, the parties may ask to have their names withheld. Copies of all Decisions are made available on this website. To view these, visit our 'Database of Decisions' section.
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16. Is it possible to bring witnesses to the investigation?
Yes, if needed. witnesses should have relevant evidence to give. The Equality Officer should be informed in advance of the names of the witnesses. If necessary, an Equality Officer has the power to order a witness with relevant evidence to attend.
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17. Are all hearings held in Dublin?
Not necessarily. The Equality Officer or mediator will normally arrange a hearing or mediation to take place at a location which is accessible to both parties. The Tribunal cannot pay any travel costs which may arise for either party.
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18. Does the Equality Tribunal award costs?
No, the Equality Tribunal has no power to award costs to either side.
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19. When is the decision made available to the parties?
The Tribunal Equality Officer will send the written Decision by registered post to both parties after the hearing. Decisions are normally issued within 3 months of the hearing.
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20. What redress is available under the Employment Equality Acts? Is there a time limit during which the award should be paid?
Employment cases - one or more of the following as appropriate:
- An order for equal treatment.
- An order for equal pay (plus arrears where appropriate)
- An order for compensation of up to 2 years pay (up to 12,697 euro for someone who is not an employee of the respondent).
- An order for a specified person to take a specified action.
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21. If the complainant is successful with his/her case how does he/she collect his/her award?
The Equality Tribunal does not have any role to play in the enforcement of Decisions. It is a matter for the parties involved in the claim to make arrangements between themselves for implementation of any award.
If a Decision of the Tribunal has not been complied with after 42 days, parties have the right to apply to the Circuit Court for an order for enforcement. In certain circumstances the Equality Authority has the power to apply on a complainant's behalf. For more information, visit The Equality Authority website.
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22. Can Decisions be appealed? If so, how are Decisions appealed?
Yes, all Tribunal Decisions can be appealed by either party. There is a strict time limit of 42 days from date of the Decision of the Equality Officer. This time limit cannot be extended. There is no further appeal possible except to the High Court on a point of law.
In employment Decisions, the appeal lies to the Labour Court, where a new hearing of the issue will take place. You should contact them for details as to how to lodge an appeal. Visit the Labour Court website.