Comparison of equality legislation ROI v GB

GB

ROI

Equality Act 2010 ("the 2010 Act")

Employment Equality Acts 1998 –2015 as amended ("the EEA ")

GB

ROI

Under the 2010 Act, discrimination includes several specific forms of unlawful treatment as follows:

1. Direct discrimination
2. Discrimination arising from disability
3. Indirect discrimination
4. Failure to make reasonable adjustments (disability only)
5. Failure to pay equal pay (based on sex only at present)
6. Victimisation
7. Harassment
8. Pregnancy and maternity discrimination

Discrimination unlike the 2010 Act in GB, is broadly defined in the ROI under the EEA as less favourable treatment of one person compared with another in a comparable situation, on any of the nine protected grounds.

Unlike the GB specific categories of discrimination are not specifically listed in the EEA but are captured within the definition of discrimination.

Legislation in ROI refers to protected grounds rather than protected characteristics.

GB

ROI

Protection applies to:

• Employees, workers, office holders
• Contractors and agency workers
• Job applicants
• Those seeking or holding professional or trade qualifications
• Those seeking or undertaking vocational training
• Members of trade organisations
• Police officers
• Partners
• LLP members
• Barristers, advocates (Scotland)
• Local authority members

Protection applies to:

• Employees (fixed‑term, part‑time, temporary, and permanent)
• Job applicants
• Trainees and persons seeking vocational training
• Members or potential members of trade or professional bodies

GB

ROI

The 2010 Act recognises nine protected characteristics:

1. Age (all age groups are protected)
2. Disability (physical or mental impairment that has a substantial and long-term adverse effect on ability to carry out normal day-to-day activities)
3. Gender reassignment (proposing to undergo, is undergoing or has undergone a process or part of a process to reassign sex by changing physiological or other attributes of sex)
4. Marriage and civil partnership status (only applies to people who are married or in a civil partnership; no protection from harassment for this protected characteristic)
5. Pregnancy and maternity (unfavourable treatment (no comparator required) due to pregnancy, pregnancy-related illness, taking or seeking to take maternity leave; indirect discrimination and harassment do not apply)
6. Race (race, colour, nationality and ethnic or national origins)
7. Religion or belief (religion, lack of religion, religious or philosophical belief, and lack of belief)
8. Sex (man or woman – case law confirms terms have a biological meaning; gender reassignment is a separate protected characteristic)
9. Sexual orientation (a person's orientation towards persons of the same sex, the opposite sex, or either sex)

Grounds are similar to a degree, with the additional gender reassignment ground in GB.

The EEA recognises nine protected grounds:

1. Gender (including men, women. Caselaw has confirmed that this category captures transgender employees)
2. Civil status (single, married, separated, divorced, widowed, civil partners and former civil partners)
3. Family status (parents or primary carers of persons under 18 or persons with disabilities)
4. Sexual orientation (gay, lesbian, bisexual, heterosexual)
5. Religion (religious belief)
6. Age (except people under 16, who are not covered)
7. Disability (physical, intellectual, learning, cognitive or emotional disabilities, and various medical conditions)
8. Race (race, colour, nationality, or ethnic/national origin)
9. Membership of the Traveller community

Grounds are generally aligned with GB with some nuances and the additional family status and membership of the traveller community grounds in ROI.

GB

ROI

Remedies available include:

• Compensation which is uncapped and includes financial loss and non-financial losses, commonly including injury to feelings, and rarely including personal injury and aggravated damages
• A declaration as to the rights of the complainant and respondent
• A recommendation for the respondent to take a particular action for the purpose of obviating or reducing the adverse effect on the complainant

In equal pay claims - declaration of the complainant's rights, order for payment of arrears (pay) or damages (non-pay contractual terms), order for the employer to conduct an equal pay audit

Statute: An employee has 3 months less one day from the last discriminatory act to lodge an employment tribunal claim under the 2010 Act, which is extended by up to 12 weeks if the requirement for early conciliation (a form of alternative dispute resolution) is complied with. A further extension of time may be granted by the tribunal if it considers this just and equitable.

Reconsideration: within 14 days of judgment, or if written reasons requested then within 14 days of date written reasons are provided.

Appeal: Appeal to the Employment Appeal Tribunal on a point of law within 42 days from the issuing of the decision, or from the date written reasons are provided.

Remedies available include:

• Compensation which is capped at 2 years remuneration except in claims issued in the Circuit Court which can award up to six years of back pay
• Orders for equal pay or equal treatment
• Orders requiring the employer to take specific action to comply with the law
• Orders for re-instatement or re-engagement, with or without an order for compensation in discriminatory dismissal cases.

Statute: An employee has 6 months from the act of discrimination to lodge a WRC claim under the Acts. This can be extended up to 12 months if the Court is satisfied exceptional circumstances prevented the Complainant making a claim within 6 months.

There is no option for reconsideration in ROI.

Appeal: Appeal to the Labour Court within 42 days from the date of the WRC decision.