The Equality (Miscellaneous Provisions) Bill 2024 was published by the Department of Children, Equality, Disability and Youth on 15 January 2025. This complements the Maternity Protection (Amendment) (Miscellaneous Provisions) Bill which appeared on the Legislation for priority publication in the 2024 Autum Session.
The Bill is at a very early stage and will have to take its place in the legislation programme.
However, it is worth noting, even at this stage amendments contemplated by the Bill.
1. The Equality (Miscellaneous Provisions) Bill 2024. Employers will be obligated to provide salary ranges in job advertisements or prior to an interview.
This pay transparency mechanism gives effect to the EU Pay Transparency Directive seems to have followed suit from various US states that had enacted similar legislation in September 2023, such as New York, Washington and California.
It may be that this requirement could be undermined in practice, as one could assume recruiters and employers will use the required pay scale as a means of potentially softening the effect of the aim of the legislation. For example, a job which may be budgeted for €50,000 may be advertised as being up for grabs for €50,000-€100,000 per annum, “depending on experience”, of course. This marketing probe seems to be a common practice in the US recruitment sphere.
2. Employers must not ask interviewees about their current and previous rate of pay.
Employers are now not in a position to ask potential employees what their current salary is, or what it had been, in a previous role during salary negotiations. Proposed in The Equality (Miscellaneous Provisions) Bill 2024. This mechanism should prevent employees from being put in an awkward position whereby they could under pitch themselves in such negotiations.
3. Extension of time for bringing a claim under the Employment Equality Act.
Currently an adjudication officer in the WRC only has the jurisdiction to hear an employment claim brought within 6 months of a discriminatory event in the workplace (save for exceptional circumstances).
This time limit is particularly tight for an applicant who has emotionally suffered as a result of the discriminatory event, who may not be aware they are against the clock to seek redress. The 6-month period does not give applicants sufficient grace to seek legal advice, particularly in situations where employees are out of work because of the contents on their claim, where legal costs can be a deterrent for potential claimants and their focus may be on stabilising their employment before turning their attention to any potential claims.
The applicable time limit for bringing a general claim under the Equality Act has been extended to 12 months, which is a welcomed development. Therefore, for example, if you were dismissed on the basis of your religious beliefs, you are now still entitled to bring a claim up to 12 months from the date of your dismissal.
4. Extension of time for bringing claims under the Maternity Protection Act
Under Section 41(7) (c) of the Workplace Relations Act 20, an adjudication officer does not have the authority to hear a claim after the expiration of 6 months from when an employee
- Has notified their employer they are pregnant
- Has given birth
- Has ceased breastfeeding
Under the Amended Employment Equality Act, an additional 6 months have been provided to bring a claim under the Maternity Protection Act.
This extension is more nuanced than the extension afforded under the Equality Act as the time limit to bring a claim is now 12 months from when an employee
- Has notified their employer they are pregnant
- Has given birth
- Has ceased breastfeeding
Therefore, an employee may be entitled to bring a claim under the Maternity Act 2 years after raising her pregnancy with her employer if she had been breastfeeding 12 months before that claim had been raised. This is a previous recommendation from the September 2024 joint committee on Children, Equality, Disability, Integration and Youth that has now become law, and which cured an anomaly that a mother could be breastfeeding or denied breastfeeding and be out of time to take a discrimination claim.
It is the proposed position a claimant mother may bring a claim under the Maternity Act 2 years after notifying her employer that she was pregnant. But a claimant can only raise claims in respect of matters that happened within the 12 months of that claim being raised.
For example, if an expectant mother notified her employer that she was pregnant in January 2025 and on her return to work after six months is denied pregnancy related accommodations she is still within time (15 months after notifying of pregnancy) and the act of discrimination occurred within the last 12 months.
As a further example, if, after returning from Maternity leave she was placed in a completely different role than she had been in prior to her Maternity Leave, she will have 12 months from the date she returned to raise a claim.
All in all, it is still preferential to raise a claim as soon as possible to ensure one’s claims within the statute. It is possible to raise multiple claims on multiple WRC forms, therefore there is no need to wait up to the 12-month mark to file your claims. It is a cut off point and not a suggested timeline to raise complaints.
This development is welcomed as it still affords claimants, during one of the transformative and emotionally trying times in their lives to bring a maternity discrimination claim under far less time pressure when they may have more space to consider their treatment.
5. The redefinition of “victimisation”.
Under The Equality (Miscellaneous Provisions) Bill 2024, “victimisation” has been inserted as a statutory tort in situations where one raises a claim under the Equality Acts or assists a claimant in bringing a claim under the Acts.
The amendment provides for further redress where a claimant makes a claim under the Equality Acts, and they are subsequently victimised for raising that claim. If such a situation does arise, a claimant should file a separate claim after that victimisation took place, having raised a claim under the Equality Acts.
Witnessing or attending a claimant in a WRC hearing when one is still an employee of the Respondent employer is now expressly protected. Where a witness is victimised for attending a WRC hearing in support of a colleague, such a situation amounts to victimization under Section 11A (b) of the Equal Status Act 2000. If an employee is victimised for the above reasons they may raise their own claim for victimisation in the WRC.
Please be aware that we offer a free consultation in Setanta Solicitors for women who believe they may have been discriminated by their employer on the basis of their pregnancy/ maternity leave.
Please email info@setantasolicitors.ie or 01 215 0168 to book a consultation.
