If the company doesn’t apply for work permits, is it lawful to discount non-EU Nationals who apply or to ask all applicants if they are eligible to work in Ireland and on what basis?

Posted in : First Tuesday Q&A ROI on 1 May 2012
Barry Walsh
McDowell Purcell
Issues covered:

Under the Employment Equality Acts 1998 – 2011 an employer is prohibited from discriminating against applicants for employment on the grounds of nationality. Therefore all applications, whether from the EU / EEA applicants or elsewhere, must be treated equally. Of course this is subject to the recruiting employer’s obligation to comply with Irish immigration and employment permit laws.

A recruiting employer is entitled, and in fact would be strongly advised, to identify whether applicants they wish to recruit have the requisite legal permission to work in Ireland. However, best practice is that this matter should be clarified only at a relatively late stage of the recruitment process.

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Back to Q&A's This article is correct at 02/09/2015

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Barry Walsh
McDowell Purcell

The main content of this article was provided by Barry Walsh. Contact telephone number is +353 1 828 0600 or email bwalsh@mcdowellpurcell.ie

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