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Equal Pay Solicitor
Equal Pay Claims under Irish Employment Law
We are here for you when you need expert legal advice on equal pay in the workplace. Crushell & Co employment solicitors have extensive experience in advising both employers and employees on all aspects of equal pay in the workplace. We have a track record of achieving successful outcomes for our clients, through both formal and informal mechanisms.
Speak to one of our Dublin based specialist employment solicitors to determine how we can best assist you with your equal pay issue.
Irish law and equal pay
The Employment Equality Acts prohibit direct and indirect pay discrimination on the grounds of gender, marital status, family status, sexual orientation, religion, age, disability, race and being a member of the Traveller community.
What is 'remuneration'?
“Remuneration”, in relation to an employee, does not include pension rights but includes any other consideration, whether in cash or in kind, which the employee receives, directly or indirectly, from the employer in respect of the employment.
What is 'like work' for an equal pay claim?
A claimant must show that there is a person of the opposite sex in the same employment working for the same (or an associated) employer doing “like work”. Any person therefore who wishes to succeed in a claim for equal pay, must identify a comparator who is similarly situated but is treated differently on the basis of a discriminatory ground.
Right to information and equal pay claim
Section 76(1) of the Employment Equality Act 1998 provides that a person who considers that he or she is not receiving equal pay may seek information concerning remuneration from the employer or former employer. Material information may be provided, to include information concerning remuneration of persons who stand in a similar position to the prospective claimant.
Redress for breach of equal pay right
The redress for a breach of the prohibition on unequal pay is an order for equal pay, together with an order for payment of arrears. The Employment Equality Act places a time limit of two years retrospectively from the date of reference of the claim on equal pay claims.
Defence to equal pay claims
Defence for equal pay claims are based on grounds which are not related to any of the protected characteristics (e.g. length of service, capacity for extra duties, grading structures, higher qualifications, and collective bargaining agreements.
Making an equal pay complaint
It is always recommended that employers be afforded an opportunity to address any workplace concerns, complaints or grievances, in the first instance. If an employee does not achieve an adequate response, they may bring a claim to the Workplace Relations Commission, where the matter may be adjudicated.
Solicitor for equal pay claims
By engaging an employment solicitor to assist with a workplace dispute, an employer or employee can rest assured that they are fully briefed on the options available. Crushell & Co have a track record of achieving successful outcomes for clients through both formal and informal processes.
