Generally speaking a person in work when they have been discriminated against in the workplace on the grounds of gender and family status will feel it and see it.
The Law on Equality in Ireland is governed by the Employment Equality which prohibits discrimination on a number of grounds.
In this post we are discussing the Gender and Family Status Grounds.
Scenario – say a female and mother is discriminated against in her place of work and/or her employer decides to dismiss her, and she is replaced by a male employee.
One legal avenue available to her to challenge the discrimination is by making a complaint to the Workplace Relations Commission under the Employment Equality Acts.
Certain questions your solicitor will likely ask at a preliminary meeting are:
- Was the person dismissed ?.
- Is the person an employee or independent contractor ?.
- Is the employee covered by the discrimination provisions of the Act ?.
- What was the persons family status ie is she a parent ?.
- Was the principle of equal treatment applied to the employee ?.
- Was she discriminated against ?.
- Was her treatment in the workplace less favourable than that of an another individual not covered by the discriminatory ground ?.
- When did the discrimination occur ?.
Burden of Proof in Equality Law Cases
The burden of proof in cases of this nature is initially on the complainant to give facts which have sufficient weight to enable a case officer hearing the case to presume there has been discrimination. The complainant must prove on the balance of probabilities that there was unlawful discrimination.
This means that if the complainant gets over this initial hurdle, the onus of proof and focus is then on the employer prove there was no discrimination whatsoever. This can be an onerous obligation for the employer.
Workplace Discrimination – Gender – Case Time limit
Strict time limits are in place for submitting an employment law related complaint to the Workplace Relations Commission. A legal action must be commenced within 6 months beginning on the date of the contravention to which the complaint relates. Therefore, it is necessary to submit the Workplace Relations complaint form to the Workplace Relations Commission online or via post, and an applicant should ensure they have confirmation the claim has been received.
There is a very short window for legal action in employment law cases, and any person who wants to know their options, should obtain legal advice sooner rather than later, and they decide what they wish to do.
Disclaimer – Workplace Discrimination – Gender and Family Status Grounds
Please be advised that the above-mentioned material is intended as an overview and as a broad out-line of the topic discussed. It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute. Legal advice should be obtained from a solicitor prior to relying on anything in this article.
Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.
Employment Law Articles
- Employment Law Ireland
- Unfair Dismissal Solicitors
- Protected Disclosures
- Constructive Dismissal Ireland
- Redundancy Ireland
- Bullying at the Workplace
- Workplace Harassment
- Discrimination at the Workplace
- Disciplinary Meetings & Fairness
- Deduction from Wages – Employment Law
- Dyslexia Discrimination at the Workplace
- Disability Discrimination at the Workplace
- Discrimination – Interview Process
- Disciplinary Procedure & Unfair Dismissal
- Workplace Investigations Ireland
- Age Discrimination in the Workplace
- Redundancy & Maternity Leave
- Redundancy Ireland Guide
- Redundancy Calculator Ireland
- Selection Criteria for Redundancy & Performance
- Selection Criteria for Redundancy & Genuine Consultation
- Redundancy & Temporary Lay-Offs
- Unfair Selection for Redundancy
- Unfair Selection Process & Redundancy
- Redundancy Selection Fairness & Impersonality
- Redundancy & Consultations
- Redundancy Selection – Alternative Options
- Redundancy Claim Defence – Redeployment
- Retirement Ages & Discrimination
- Sick Leave & Covid-19
- Sick Leave & Dismissal
- Gross Misconduct & Dismissal
- Annual Leave Entitlement
- Dismissal while on Sick Leave
- Calculating Loss in Unfair Dismissal Claims
- Unfair Dismissal Ireland – Probation
- Disability Discrimination Ireland
- Unfair Dismissal Claim – Employee Duty to Mitigate Loss
- Employee Verbal Warning Appeal
- Employer Delays Bullying Investigation
- Epilepsy Discrimination at the Workplace
- Disciplinary Meetings – Employment Law
- Filling out Workplace Relations Complaint Form
- Fixed-Term Employee & Pregnancy Dismissal
- Fixing Retirement Ages
- Statutory Break Entitlements
- Redundancy Selection in Ireland
- Redundancy Selection Criteria Matrix
- Time Limits – Cases
- Transfer of Undertakings
- Student Discrimination
- Severance Agreements & Tax Advice
- Terms of Employment 5 Day Rule
- Text Message & Disciplinary Meetings
- Transfer of Undertaking
- Unfair Dismissal Claim- Dismissal in Dispute
- Compensation for Unfair Dismissal
- Unfair Dismissal Claim & CCTV
- Unfair Dismissal Ireland Claim – Three Pillars
- Workplace Statutory Rest Periods
- Gardai & Employment Disputes
- Gender Dismissal Discrimination
- Grievance Procedures & Constructive Dismissal
- Guide for Employees in Redundancy Selection Process
- Maternity Leave & Salary
- New Postponement Guidelines WRC
- Legal Representation at Disciplinary Hearings
- Part-Time Workers
- Plumbers & Pipefitters
- Pre-emptory Dismissal
- Pregnancy related Discrimination
- Pregnancy related Unfair Dismissal
- Proving Fairness in Unfair Dismissal Actions
- Race Discrimination in the Workplace
- Red Circling Defence
- Workplace Relations Commission
- Employment Notice Periods
- 3 Ingredients to Prove Workplace Victimization
- Christmas Bonus for Employees
- Covid-19 Force Majeure Leave
- Redundancy Ireland & Covid-19
- Defence to Disability Discrimination Claim Ireland
- Workplace Discrimination – Gender & Family Status ground
- Discrimination on a Licensed Premises
- Discrimination in Schools
- Employers Guide to Defending Unfair Dismissal Ireland
- Temporary Lay-Off & Covid 19
- Temporary Lay-off & Non-Payment of Wages
- Severance Agreement & Legal Advice
- Unfair Dismissal Claim – Mitigating Loss