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Equality Law Decisions

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Features

Are Vegans Protected by Equality Law in Ireland?

Posted in: Equality Law Decisions on 24/02/2020 The recent UK case of Casamitjana –v- The League Against Cruel Sports (Employment Tribunal decision, case number 3331129/2018) held that ethical veganism is a philosophical belief, which is protected by the Equality Act 2010 ("the UK Equality Act"). This case raises the question as to whether simil...
This article is listed under the following topics:
Discrimination and Equality
Features

Constructive Dismissal of a Pregnant Employee

Posted in: Equality Law Decisions on 14/01/2020 Under Irish law, pregnant employees, employees on maternity leave and employees who have recently given birth are afforded significant protection from dismissal and discriminatory treatment in the workplace, recognising the vulnerable position the may be in during this time. Recent case A recent ca...
This article is listed under the following topics:
Unfair Dismissal Discrimination and Equality
Features

How to Establish a Reasonable Steps Defence

Posted in: Equality Law Decisions on 12/11/2019 The issue of sexual harassment remains in the spotlight with substantial awards being made by the Workplace Relations Commission in such cases. It is essential that employers follow certain steps to protect themselves against such claims. The legal position The Employment Equality Acts 1998-2015 ("...
This article is listed under the following topics:
Discrimination and Equality
Features

Gender Discrimination in Promotion

Posted in: Equality Law Decisions on 25/10/2019 In the recent case before the WRC, Pamela Brennan v BOM Scoil Mhuire agus Iosaf Junior School, a female teacher, who held the role of Deputy Principal, was awarded compensation in the amount of €93,498 after it was held that she was discriminated against on the grounds of gender in relation to a pr...
This article is listed under the following topics:
Discrimination and Equality Recruitment and Selection
Features

Notifying Employees of Vacancies During Maternity Leave

Posted in: Equality Law Decisions on 09/09/2019 While an employee is on maternity leave they will usually have little or any contact with their employer. In this article, Sinead Morgan, Senior Associate in the Employment Team at DWF discusses a recent case which provides some guidance on an Employers obligations to notify an employee of any vac...
Features

What Constitutes Objective Justification for a Compulsory Retirement Age?

Posted in: Equality Law Decisions on 27/08/2019 Alison Martin, Associate Solicitor in the Employment Team at DWF discusses the legal position in relation to retirement dismissals and provides some practical guidance for employers wishing or intending to retire employees at a particular age. Employers often ask – what constitutes objective justi...
Features

Awareness of Employee Disability

Posted in: Equality Law Decisions on 29/07/2019 Disability Discrimination - The risks attached to investigating an employee's medical condition Disability discrimination can be a minefield for employers. In the second instalment of our new Equality feature by DWF, Sinead Morgan, Senior Associate Solicitor in the Employment Group at DWF, discuss...
This article is listed under the following topics:
Discrimination and Equality
Features

Discrimination in the workplace - banter or harassment?

Posted in: Equality Law Decisions on 24/06/2019 In the first of our new Equality feature by DWF, Alison Martin, Associate Solicitor in the Employment Group at DWF, discusses a recent Adjudication case which provides an important reminder to employers of the need to have a specific harassment policy in order to be able to deal with complaints of ...
This article is listed under the following topics:
Discrimination and Equality Policies and Procedures