The Equality Tribunal - Frequently Asked Questions

	'About Us' Frequently Asked Questions:
1	What is the Equality Tribunal?
2	What is the difference between the Equality Tribunal and the Equality Authority?
3	Does the Equality Tribunal deal with complaints of discriminatory dismissal?
4	Does the Equality Tribunal deal with complaints about licensed premises?
5	Is it an offence to obstruct an Equality Officer?

If the information you are looking for is not here, please check our other Frequently Asked Questions:

Please note

New equality legislation (the Equality Act 2004) was enacted on the 18th July 2004. It makes a number of changes to the Employment Equality Act 1998, the Equal Status Act 2000, and the Pensions Acts 1990-2004, with effect from that date.

For more information about these changes, visit our 'Recent Changes' section.

1. What is the Equality Tribunal?

The Equality Tribunal (also known as the Office of the Director of Equality Investigations) is an impartial body set up by law to decide or mediate complaints under equality legislation. The head of the Tribunal is Mr Niall McCutcheon, the Director of Equality Investigations. The staff of the Tribunal also includes Equality Officers, who consider and decide cases brought under equality legislation, and trained mediators, (for more information, visit our 'Mediation Option' section).

2. What is the difference between the Equality Tribunal and the Equality Authority?

They are two completely separate organisations.

The Equality Tribunal is the place to bring a claim. Its functions are quasi-judicial. It hears or mediates claims of unlawful discrimination under the equality legislation. A Tribunal mediator will facilitate parties to reach a mediated agreement which is legally binding. Where parties object to mediation, a case will be heard by a Tribunal Equality Officer, who will hear evidence from both parties before issuing a legally binding Decision. Where the Tribunal upholds a claim of discrimination, it awards redress and it can direct a person to take a specific action.

The Director of the Equality Tribunal, Niall McCutcheon, and the Tribunal Equality Officers are independent in their functions.

The Equality Authority is a semi-state body set up to work towards the elimination of unlawful discrimination, to promote equality of opportunity and to provide information to the public on the equality legislation and certain other Acts. It can advise and support a claimant in bringing a claim to the Tribunal but it has no power to decide a case.

For more information, visit The Equality Authority website.

3. Does the Equality Tribunal deal with complaints of discriminatory dismissal?

Yes

All complaints of discriminatory dismissal or victimsatory dismissal under equality legislation must be referred to the Equality Tribunal.

Unfair dismissal is a different matter and the Employment Appeals Tribunal deals with these. Visit the EAT website

4. Does the Equality Tribunal deal with complaints about licensed premises?

Complaints that occur either on or at the point of entry to licensed premises and all complaints to do with registerd clubs are dealt with in the District Court

5. Is it an offence to obstruct an Equality Officer?

Yes. A person who obstructs or impedes the Director or the Equality Officer in the course of an investigation or who does not comply with a requirement of the Director or an Equality Officer will be guilty of an offence.

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