Top of page holding layout table. This table holds the graphics and elements for the top of the page.
About Us \| Sitemap

You are here: Home » EE1_Making a Complaint

This is the main content layout table
Search entire site: Go Advanced Search Home Employment Equality Information Equal Status Information Mediation Equality Legislation Database of Decisions Press Releases Publications Forms Leaflets Contact Us Links Irish Language Scheme About Us	EE1_Making a Complaint Introduction The Equality Tribunal is the independent body set up by law to investigate or mediate complaints of discrimination. We remain neutral and treat all complaints fairly and professionally and as quickly as we can. What do the Employment Equality Acts do? These Acts make it unlawful to discriminate in relation to employment, including: pay, conditions, promotion or re-grading or grouping of posts, vocational training, work experience, access to employment, dismissal, collective agreements, and harassment. Discrimination is unlawful on nine grounds: gender, marital status, family status, sexual orientation, religion, age, disability, membership of the Traveller community, and race, colour, nationality, ethnic or national origin. Discrimination also applies to someone who is treated less favourably because they associated with someone protected under the nine grounds. What about victimisation? Victimisation is also covered by the legislation. Victimisation occurs where a person is treated less favourably than another because they oppose discrimination or are involved in a complaint of unlawful discrimination. Complaints If you feel you have been discriminated against on any of the nine grounds in relation to employment or you have been victimised, you may bring a complaint to the Equality Tribunal. When a person makes a complaint, they are known as the claimant. The person or organisation complained about is known as the respondent because they must respond to the complaint. Depending on your situation and the type of alleged discrimination, the respondent might include your employer, trade union or professional association or the organisation that provides vocational training or work experience. Do I need a lawyer? No, neither side needs a lawyer. However, if you choose, you may be represented by a solicitor, professional association, trade union, support person or a support organisation. The respondent may also be represented. The Tribunal cannot award legal costs to either side, so if you do use a lawyer, you must pay your own legal fees even if your complaint is successful. How do I make a complaint? 1. You are entitled to ask the respondent for information. This information may help you decide whether to make a complaint to the Equality Tribunal. If you decide to ask for information, you must use the form set by law to do this. This is Form EE2, which is available from the Equality Tribunal by post, phone, in person or on www.equalitytribunal.ie. You will find our contact details at the end of this leaflet. The respondent does not have to reply to a request for information. However, if there is no reply, or if the information given is false or misleading, the Tribunal may take this into account when reaching a decision. 2. You may bring the complaint to the Equality Tribunal. You must do this within 6 months of the date of the incident, setting out the details on Form EE1. This form is available from the Equality Tribunal by post, phone, in person or on www.equalitytribunal.ie. You will find our contact details at the end of this leaflet. The 6 month time limit does not apply to equal pay cases. What happens if the complaint is late? If you have a good reason for being late, you can ask the Director of the Tribunal to extend the time limit for making a complaint up to 12 months. If you are not happy with the Director's decision on extending the time limit, you can appeal to the Labour Court. What happens when the Equality Tribunal receives my complaint? We will write to you and let you know that we have received the complaint. We may also ask you to explain any points that are unclear. We will then send a copy of your complaint form and any other relevant material to the respondent. There are then two ways in which the Tribunal can act on your complaint: mediation or investigation. The outcomes of both options are legally binding. The case goes to mediation if neither side objects to it and if the Director of the Equality Tribunal considers the case suitable. If you do not wish to take part in mediation, you must tell the Equality Tribunal that you object. Your case will then go to investigation and decision. What is mediation? In mediation, you and the respondent sit down with a trained Mediation Officer, who will help you reach an agreement that is acceptable to both of you. Either side may withdraw from mediation at any stage. If mediation is not successful, you may ask in writing for the case to be dealt with by investigation. Agreements reached through mediation are confidential and their terms must be obeyed by both sides. What is an investigation? An investigation is a formal examination of a complaint carried out by an Equality Officer. The Equality Officer will ask you to provide a written statement, known as a submission, setting out the facts of your case and the arguments you want to make. The Tribunal will send a copy of this and any other relevant material to the respondent. The Equality Officer will also ask the respondent to provide a written statement and will send a copy of this and any other relevant material to you. The Equality Officer will then set a date to hear the case. What happens at the hearing? At the hearing, the Equality Officer will give you and the respondent a chance to present your cases, to call witnesses and to answer points made by the other side. The Equality Officer will also question both of you. Hearings are held in private. Burden of proof It is up to you to present facts that would support your claim of discrimination. If you establish these facts, the respondent has the burden of proving that discrimination did not take place. What happens after a hearing? The Equality Officer will consider all the evidence and issue a detailed written decision. This decision is legally binding, meaning that both you and the respondent must obey its terms. By law, the Tribunal must publish decisions. However, in sensitive cases, either side may ask for their names to be left out. Copies of all decisions are made available on our website. What will the decision say? The decision will give a summary of the evidence and say whether the Equality Officer upholds your complaint and why. If the Equality Officer finds in favour of you, they will make an order. This can be for: a monetary award, equal pay or equal treatment, and/or a specified course of action by a specified person (usually the respondent). In equal pay cases, you may be entitled to equal pay and up to three years' arrears of pay from the date of your complaint. In other cases, you may be entitled to equal treatment and/or compensation of up to two years' pay (or up to €12,697 if you are not an employee). If the Equality Officer finds in favour of the respondent, it means that your complaint was unsuccessful and that unlawful discrimination did not occur. Enforcement If the decisions of the Equality Officer or the agreements reached through mediation are not obeyed, either side may ask the Circuit Court to enforce them. Can decisions be appealed? Yes, if either side is unhappy with the Equality Officer's decision, they can appeal to the Labour Court within 6 weeks (42 days) of the date of the decision. Can the Equality Tribunal give advice? No, the Equality Tribunal cannot give advice to either side on the merits of a case. We must remain absolutely neutral and can only give information on how the system works. Printer Friendly Version Go to Top

EE1_Making a Complaint

Introduction

The Equality Tribunal is the independent body set up by law to investigate or mediate complaints of discrimination. We remain neutral and treat all complaints fairly and professionally and as quickly as we can.

What do the Employment Equality Acts do?

These Acts make it unlawful to discriminate in relation to employment, including:
pay,

conditions,
promotion or re-grading or grouping of posts,
vocational training,
work experience,
access to employment,
dismissal,
collective agreements, and
harassment.

Discrimination is unlawful on nine grounds:

gender,
marital status,
family status,
sexual orientation,
religion,
age,
disability,
membership of the Traveller community, and
race, colour, nationality, ethnic or national origin.

Discrimination also applies to someone who is treated less favourably because they associated with someone protected under the nine grounds.

What about victimisation?

Victimisation is also covered by the legislation. Victimisation occurs where a person is treated less favourably than another because they oppose discrimination or are involved in a complaint of unlawful discrimination.

Complaints

If you feel you have been discriminated against on any of the nine grounds in relation to employment or you have been victimised, you may bring a complaint to the Equality Tribunal.

When a person makes a complaint, they are known as the claimant. The person or organisation complained about is known as the respondent because they must respond to the complaint.

Depending on your situation and the type of alleged discrimination, the respondent might include your employer, trade union or professional association or the organisation that provides vocational training or work experience.

Do I need a lawyer?

No, neither side needs a lawyer. However, if you choose, you may be represented by a solicitor, professional association, trade union, support person or a support organisation. The respondent may also be represented.

The Tribunal cannot award legal costs to either side, so if you do use a lawyer, you must pay your own legal fees even if your complaint is successful.

How do I make a complaint?

1. You are entitled to ask the respondent for information.
This information may help you decide whether to make a complaint to the Equality Tribunal. If you decide to ask for information, you must use the form set by law to do this. This is Form EE2, which is available from the Equality Tribunal by post, phone, in person or on www.equalitytribunal.ie. You will find our contact details at the end of this leaflet.

The respondent does not have to reply to a request for information. However, if there is no reply, or if the information given is false or misleading, the Tribunal may take this into account when reaching a decision.

2. You may bring the complaint to the Equality Tribunal.
You must do this within 6 months of the date of the incident, setting out the details on Form EE1. This form is available from the Equality Tribunal by post, phone, in person or on www.equalitytribunal.ie. You will find our contact details at the end of this leaflet.

The 6 month time limit does not apply to equal pay cases.

What happens if the complaint is late?

If you have a good reason for being late, you can ask the Director of the Tribunal to extend the time limit for making a complaint up to 12 months. If you are not happy with the Director's decision on extending the time limit, you can appeal to the Labour Court.

What happens when the Equality Tribunal receives my complaint?

We will write to you and let you know that we have received the complaint. We may also ask you to explain any points that are unclear. We will then send a copy of your complaint form and any other relevant material to the respondent.

There are then two ways in which the Tribunal can act on your complaint: mediation or investigation. The outcomes of both options are legally binding. The case goes to mediation if neither side objects to it and if the Director of the Equality Tribunal considers the case suitable. If you do not wish to take part in mediation, you must tell the Equality Tribunal that you object. Your case will then go to investigation and decision.

What is mediation?

In mediation, you and the respondent sit down with a trained Mediation Officer, who will help you reach an agreement that is acceptable to both of you. Either side may withdraw from mediation at any stage. If mediation is not successful, you may ask in writing for the case to be dealt with by investigation. Agreements reached through mediation are confidential and their terms must be obeyed by both sides.

What is an investigation?

An investigation is a formal examination of a complaint carried out by an Equality Officer. The Equality Officer will ask you to provide a written statement, known as a submission, setting out the facts of your case and the arguments you want to make. The Tribunal will send a copy of this and any other relevant material to the respondent. The Equality Officer will also ask the respondent to provide a written statement and will send a copy of this and any other relevant material to you. The Equality Officer will then set a date to hear the case.

What happens at the hearing?

At the hearing, the Equality Officer will give you and the respondent a chance to present your cases, to call witnesses and to answer points made by the other side. The Equality Officer will also question both of you. Hearings are held in private.

Burden of proof

It is up to you to present facts that would support your claim of discrimination. If you establish these facts, the respondent has the burden of proving that discrimination did not take place.

What happens after a hearing?

The Equality Officer will consider all the evidence and issue a detailed written decision. This decision is legally binding, meaning that both you and the respondent must obey its terms.

By law, the Tribunal must publish decisions. However, in sensitive cases, either side may ask for their names to be left out. Copies of all decisions are made available on our website.

What will the decision say?

The decision will give a summary of the evidence and say whether the Equality Officer upholds your complaint and why.

If the Equality Officer finds in favour of you, they will make an order. This can be for:

a monetary award,
equal pay or equal treatment, and/or
a specified course of action by a specified person (usually the respondent).

In equal pay cases, you may be entitled to equal pay and up to three years' arrears of pay from the date of your complaint.

In other cases, you may be entitled to equal treatment and/or compensation of up to two years' pay (or up to €12,697 if you are not an employee).

If the Equality Officer finds in favour of the respondent, it means that your complaint was unsuccessful and that unlawful discrimination did not occur.

Enforcement

If the decisions of the Equality Officer or the agreements reached through mediation are not obeyed, either side may ask the Circuit Court to enforce them.

Can decisions be appealed?

Yes, if either side is unhappy with the Equality Officer's decision, they can appeal to the Labour Court within 6 weeks (42 days) of the date of the decision.

Can the Equality Tribunal give advice?

No, the Equality Tribunal cannot give advice to either side on the merits of a case. We must remain absolutely neutral and can only give information on how the system works.