Disputes about equality and discrimination

If you believe you have been discriminated against at work or when accessing goods and services, you can make a complaint to the Workplace Relations Commission (WRC).

Your complaint will be resolved using mediation or adjudication – see more below.

What the law covers

These complaints come under the following equality legislation:

Employment Equality Acts 1998–2015

These Acts ban discrimination in the workplace, covering areas such as:

• Recruitment and promotion
• Equal pay
• Working conditions
• Training or experience
• Dismissal
• Harassment, including sexual harassment

Read more about Equality in the workplace.

Equal Status Acts 2000–2015

These Acts ban discrimination outside the workplace in areas such as:

• Access to goods and services
• Renting, selling, or leasing property (including the "housing assistance ground")
• Certain aspects of education

The WRC also deals with gender discrimination complaints under the Pensions Acts 1990–2015 regarding occupational benefit or pension schemes.

The WRC also deals with gender discrimination complaints under the Pensions Acts 1990–2015 in relation to occupational benefit or pensions schemes

Victimisation protection

You are protected from being treated unfairly because you opposed discrimination or took part in a complaint. Read more about victimisation at work.

When you make a complaint under equality legislation, you may be offered workplace mediation. Mediation is a voluntary, private and confidential process.

Mediation can be carried out by phone, video, or face-to-face meetings.

During mediation, a mediator helps you and your employer come to an agreement. At the end of mediation, both sides sign an agreement which is legally binding. This means both sides must keep to the terms of the decision. The agreement is not published.

If you do not reach an agreement through mediation, you can ask for your case to be brought to adjudication - see 'Adjudication' below.

Read more from the WRC about mediation.

If mediation is not used or is not successful, your complaint or dispute is referred to an adjudication officer within the WRC.

The adjudication officer will carry out an inquiry, including a hearing, and make a legally binding decision. This hearing is usually held in public, except in exceptional circumstances.

The adjudicator’s decisions will include one or more of the following:

• Compensation
• An order for equal pay or equal treatment
• An order that somebody takes a specified action.

Read more about the adjudication process, including the importance of gathering evidence and what to expect from the hearing.

You can also get advice from a trade union, support group, a Citizens Information Centre or the Irish Human Rights and Equality Commission.

Employment and pension discrimination

• Complaints must be brought within 6 months of the discrimination happening.
• The time limit can be extended by another 6 months if you have reasonable cause for the delay.
• You should make your complaint using the WRC's online complaint form.

Equal Status Discrimination (Outside Work)

You must first tell the person or organisation you are making the complaint against within 2 months of the last act of discrimination.

To do this, you complete ES.1 form (pdf) and send it to them. The time limit for notification can be extended to 4 months by the Director General of the Workplace Relations Commission.

If you are not happy with the person's or organisation’s response, or if they have not responded within 1 month from the date you notified them, you can take your complaint to the WRC using the online complaint form. Read about how to make a complaint, including details of the adjudication process.

Appeals

You can appeal to the Labour Court (for employment and pensions cases), and to the Circuit Court (for equal status cases).

Appeals must be made within 42 days of the decision.

Read detailed information about making a complaint to the WRC (pdf).

You can read or download a free guide to taking an employment equality case from the Community Law and Mediation (CLM) website. CLM also offers free legal information, advice and mediation services.

You can find information about employment equality and equal status, as well as a list of frequently asked questions, on the WRC website. The Irish Human Rights and Equality Commission also provides information on equality legislation to the public.

You can also contact the Workplace Relations Commission for advice using their Information and Customer Service – see contact details below.