This month the Irish Human Rights and Equality Commission (IHREC) published a new Code of Practice to provide guidance on-

Equal Pay
Elimination of Pay Discrimination
Resolution of Pay Disputes

The Code itself is admissible in evidence in a case but is not binding. It’s guidance is taken from the Employment Equality Acts 1998 – 2021 (‘EEA’), European legislation, case law and Article 157.

Equal Pay

A person providing ‘like work’ that is the same, similar or of equal value to another for the same employer or an associated employer should receive equal pay. Where they do not, if the only difference between the Complainant and their comparator is one of the nine prohibited grounds as set out in the EEA and the Respondent cannot prove that the pay difference was attributable to another factor, the Complainant may be entitled to succeed in an award for discrimination either through the WRC (up to 3 years arrears) or the Circuit Court (up to 6 years arrears, or unlimited for gender discrimination).

Read the full article HERE

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