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Mandatory Retirement Ages

As retirement age and related matters continue to cause problems for employers, the Irish Human Rights and Equality Commission recently published a guide for employers and employees to seek to ensure that older workers, who wish to continue in employment, are not discriminated against in Irish workplaces.

RTE & SOLAS Breach Equality Legislaiton On Grounds of Age.

​As the award of €50,000 for age discrimination last week by the WRC to former RTE Reporter, Valerie Cox, made the news headlines, employers are once again reminded that whilst there is no current direct statutory bar on having a workplace retirement age, it remains very easy to fall foul of current employment equality legislation in respect of dealing with employees who have reached "retirement age" or who are coming close to it. In a separate case published recently Solas were ordered to pay €20k to an employee for asking a discriminatory question during an interview.

Mandatory Retirement Ages

The recent High Court decision in Quigley v HSE [2017] IEHC 654 is a pertinent reminder for employers that they may face potential legal issues if they try and enforce a retirement age when there is no clear written or implied contractual right to do so, or in the event that there is that such a retirement age cannot be objectively justified.

What steps should employers take to ensure that they can defend a sexual harassment claim?

In a recent determination published by the Labour Court (EDA175) the necessity for all employers regardless of size to have in place a written policy on harassment in the workplace was once again stressed.

Religious Observance in the Workplace

With an increasingly diverse workforce many employers have difficulty in dealing with requests for time off to observe religious holidays and other workplace issues related to religion and beliefs.

Retirement Ages

Retirement issues continue to be problematic and costly for many employers. This short article deals with some of the typical queries that I get on this issue.

€7k awarded to dismissed pregnant fast food worker

In case (DEC - E2016 - 058) a fast food worker who was dismissed after completing two months of her probationary period was found to have been discriminated against on grounds of gender due to being dismissed after informing her employer she was pregnant. Claims of harassment and sexual harassment were not upheld.

English Language Policies In The Workplace

A recent case where two Polish nationals claimed they had been discriminated against by their employer McDonalds because they were required to use English at all times at work provides some helpful guidance on how employers can legitimately implement a common language policy in their workplaces. (Ref Dec-E2015-072)

Hotel Bar Man awarded €20k for dismissal after disclosing he was gay.

The barman who was working to fund his college studies was dismissed after two weeks service during which he was unaware that there were any problems with his work and concluded that everything had changed very quickly after he told the bar manager that he was gay. (Ref Dec- E2015-141)

Discrimination By Association

In a recently published decision by the Equality Tribunal (Dec- E 2015 - 121), a resource teacher was found to have been harassed on grounds of religion and also was discriminated against on grounds of association due to her son's sexual orientation.

HR Solutions

Keshcarrigan
Co. Leitrim

+353 (0)71 964 2748
+353 (0)86 833 7228
info@hrsolutions.ie

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