1. Introduction
Equal pay claims under the Employment Equality Acts 1998 to 2015 require the complainant to demonstrate that they perform “like work” with a comparator of a different gender (under Section 19) or other protected characteristic (under Section 29), and that they receive less remuneration for that work.
Equal pay is one of the oldest and most established principles of European employment law, derived from Article 157 of the Treaty on the Functioning of the European Union (formerly Article 119 EEC). This article considers the statutory framework, the meaning of “like work”, and the grounds on which a pay differential may lawfully be justified.
2. Legislation and Case Law
Section 19(1) of the Acts provides that it is a term of every contract under which a woman is employed that she is entitled to the same rate of remuneration as a man employed in like work by the same or an associated employer. Section 29 extends this principle to the other discriminatory grounds.
Section 7 defines three categories of like work: (a) identical or interchangeable work; (b) work of a similar nature where any differences are infrequent or of small importance; and (c) work of equal value in terms of skill, physical or mental requirements, responsibility and working conditions.
Section 19(5) permits a pay differential where it is genuinely attributable to grounds other than gender, such as length of service, qualifications or location. The burden rests with the employer to establish the objective justification.
The Court of Justice in Bilka-Kaufhaus C-170/84 held that any objective justification for indirect pay discrimination must correspond to a real need, be appropriate to achieve that need, and be necessary to that end. This three-stage test continues to inform Irish equal pay law.
3. Decision
The WRC may appoint an equality officer or labour inspector to conduct a job evaluation where the parties cannot agree on whether the work is “like work”. The evaluation considers the demands made on the worker under headings of skill, effort, responsibility and working conditions.
Where like work is established and a pay differential exists, the employer must demonstrate that the differential is genuinely attributable to factors other than the protected characteristic. Bare assertions of “market rates” or “red-circling” are rarely sufficient without supporting evidence.
Compensation in equal pay claims may include arrears of remuneration extending back up to three years from the date of the complaint, in addition to any award for the discrimination itself.
4. Takeaway
Employers should conduct periodic pay audits to identify and address unexplained pay differentials. The Gender Pay Gap Information Act 2021 now imposes reporting obligations on larger employers, which can highlight differentials requiring further analysis.
Complainants should identify a specific comparator and gather evidence of comparable duties, responsibilities and outputs. Anecdotal comparisons rarely succeed; documentary evidence of job content is essential.
5. Further information
This article was prepared for informational purposes only. For further advice, please email enquiries@crushell.ie or contact the offices of Crushell & Co Solicitors.
6. About Crushell & Co
Crushell & Co is a specialist law firm focused on protecting and advancing the rights of employees in Ireland. We offer a nationwide service, advising individuals on a wide range of legal and regulatory issues arising at work, including employment law, employment immigration and workplace accidents and injuries.
We help employees understand their position and options by translating complex legal issues into clear, practical advice. Our approach is tailored to each client, ensuring that our strategy is aligned with their personal and professional circumstances.
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