Further proposed changes to equality law in Ireland

Earlier this year, the General Scheme of the Equality (Miscellaneous Provisions) Bill 2024 (the General Scheme) was published with proposals to make significant changes to equality law in Ireland.

We have outlined the potential changes regarding pay transparency in our previous article on the General Scheme.

Other proposed changes under the General Scheme include significant amendments to the time limits within which to make a claim to the Workplace Relations Commission.

Time limits under the Employment Equality Act 1998

The current time limit for complainants to make a claim under the Employment Equality Act 1998 to the Workplace Relations Commission is six months from the date of the alleged discrimination or act of victimisation. The General Scheme proposes to extend the time limit to 12 months with a further six-month extension for reasonable cause on the basis that an alleged victim of discrimination may be marginalised or unaware of their redress options.

Such an extension of time would have a significant impact on employers, as the prospect of claim would remain live for a significant period, which may pose practical issues. For example, by the time a claim is lodged, the personnel within the organisation who dealt with the matter may have left. Steps may need to be taken to ensure the assistance of relevant individuals can be secured before they leave, if the prospect of a claim is known. Where the prospect of a claim is not known, knowledge of the circumstances giving rise to the claim may be lost through the passage of time from the date the alleged incident occurred. 

Time and compensation limits under the Equal Status Act 2000-2018

Section 21 of the Equal Status Act 2000-2018 currently requires that when an individual is making a complaint of discrimination, they must notify the person/organisation who is alleged to have discriminated against them within two months of the alleged incident. The General Scheme proposes that the notification period under the Equal Status Act is to be extended from two months to four months, with the possibility of an extension for reasonable cause for a further two months.

The same time extensions are proposed with regards to the submission of a claim to the Workplace Relations Commission from six months to twelve, with a further six months where there is reasonable cause to extend time.

Section 27 of the Equal Status Act deals with the compensation limits currently set at a maximum of €15,000 (which corresponds to the maximum that can be awarded by the District Court). The General Scheme proposes to amend this to the Irish Circuit Court limit which is €75,000. Stakeholders indicated that the compensation limits are currently too low to act as a deterrent, especially for serious violations of the law. As this is a significant increase, it is proposed within the General Scheme that there should be compensation bands, with the Circuit Court limit being the maximum in the most serious of cases.

Time limits for raising disputes under the Maternity Protection Act 1994

A proposed amendment to the Workplace Relations Act 2015 proposes a change to the time limit for raising disputes under the Maternity Protection Act 1994. Under the existing Section 41 of the Workplace Relations Act, an adjudication officer cannot consider a dispute under the Maternity Protection Act if it is referred beyond six months from when the employer is informed of the employee's pregnancy, recent childbirth or breastfeeding status. An additional six months can be granted for a reasonable cause. 

The amendment aims to address this problem by ensuring that the timeline for raising such disputes starts after the employee returns to work, and ensure the rights connected to employment must be maintained during a period of maternity leave, thereby preventing the expiry of the time limit before the employee has a chance to act.

How Ogier can help

Although these amendments are at the pre-legislation stage, our Employment team in Dublin can advise on preparing for these changes and can ensure your business’ compliance with best practises. For more information, contact our team via the contact details provided below.

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Disclaimer

This client briefing has been prepared for clients and professional associates of Ogier. The information and expressions of opinion which it contains are not intended to be a comprehensive study or to provide legal advice and should not be treated as a substitute for specific advice concerning individual situations.

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