In a case of a dismissal, can an employee take both an Equality claim and an Unfair Dismissal Claim relating to the dismissal i.e. go separately to the two different forums, under two different claims essentially and potentially achieving redress twice (up to 2 years’ salary applied to each of these claims, 4 years total)?Posted in : First Tuesday Q&A ROI on 7 July 2015
No, duplicity of claims under the EEA and the Unfair Dismissals Acts 1977 to 2007 (as amended) (the “UD Acts”) is prohibited under both Acts. This means that where an employee has made a claim under the EEA and matters have progressed to the point of either a settlement or to the commencement of an investigation by the Equality Tribunal, the employee is not entitled to bring a claim under the UD Acts.
This provision of the EEA (section 101(4)) operates to prevent an employee being awarded redress for a discriminatory dismissal on foot of the provisions of both the EEA and the UD Acts. Similarly where a claim has been the subject of a Rights Commissioner recommendation or an EAT hearing has
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Back to Q&A's This article is correct at 02/09/2015
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