Can an employer stipulate in their recruitment and selection policy that they will not consider candidates that are family members or relatives of current employees, even by affinity? Does this contravene with discrimination legislation i.e. marital & family status? 

Posted in : First Tuesday Q&A ROI on 1 September 2015
Elaine Mettler
Arthur Cox
Issues covered:

Although it is not common practice in Ireland for an employer to stipulate in a recruitment and selection policy that it will not hire family members or relatives of current employees, there is no issue legally with doing so. There is however always a risk that a candidate refused an interview/employment on this basis may bring a claim under the Employment Equality Acts 1998 – 2011 (the “Equality Acts”).

The Equality Acts provide that a person may not be discriminated against on grounds of gender, civil status, family status, sexual orientation, religion, age, disability, race/colour/nationality/ethnic origin or membership of the Traveller community. 

As the protection conferred by the

Already a subscriber?

Click here to login and access the full article.

Don't miss out, register today!

Are you fully aware of the benefits of Legal-Island's Irish Employment Law Hub? We help thousands of people like you understand how the latest changes in Irish employment law impact your business through a mix of case law analysis and in-depth articles. All delivered right to your inbox.

We help you to understand the ramifications of each important case from Ireland and Europe.

We help you ensure that your organisation's policies and procedures are fully compliant with Irish law.

You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature.

You will have 24/7 access to the Employment Law Hub so you can research case law and HR issues when you need to.

Already a subscriber, now or Register

Back to Q&A's This article is correct at 01/09/2015

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Elaine Mettler
Arthur Cox

The main content of this article was provided by Elaine Mettler. Contact telephone number is +353 1 618 0000 or email

View all articles by Elaine Mettler