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The Act requires employers to publish information as to rates of pay for employees with reference to their gender. The aim is to uncover if there are differences in pay, and the size of any differences. Employers must publish statements explaining the reason for different rates of pay, and any measures taken to eliminate a pay gap.
The CervicalCheck Tribunal (Amendment) Act 2021 was enacted on 16th July 2021, and has the effect of extending the period during which a claim can be made to the tribunal in respect of alleged misreading of smear tests under the CervicalCheck screening programme.
The Workplace Relations (Miscellaneous Provisions) Act 2021 was enacted on 22nd July 2021, and will be commenced by ministerial order. It has the effect of remedying the defects in procedures at the WRC that had been noted by the decision of the Supreme Court in the Zalewski case.
When one company wishes to acquire another company there are two methods of achieving the goal; a Share Transfer Agreement or an Asset Transfer Agreement. It will be for the buyer and the seller to decide which course of action is appropriate to their own situation.
An employment reference can take a number of forms; it can be a once-off letter written when the worker leaves, a phone-call or email to a prospective employer or a form designed by the prospective employer seeking the responses of the former employer. Regardless of the format, employers are advised to proceed with some degree of caution.
Parties to an agreement sometimes express concern that an arbitration clause may restrict access to speedy and effective interim relief in the event that the other party breaches the contract.
People often assume that their right to litigate a dispute is an absolute right and that they will not be denied a right of access to the Courts. However, where they have agreed to be bound by an arbitration clause, they will almost certainly be denied the right to litigate. An arbitration clause is not something to be taken lightly. Arbitration is given such weight in law that the Court has no option but to stay proceedings except in very limited circumstances. Article 8(1) of the UNCITRAL Model Law on International Commercial Arbitration, as adopted by Ireland in the Arbitration Act 2010 allows a Court to refuse a stay only where:
The full impact of a recent Supreme Court decision on the procedures in the Workplace Relations Commission remains to be seen, but for now the WRC has adopted measures to ensure the administration of justice in public.
Actionable discrimination or inequality arises where a person is shown less favourable treatment on the basis of their:
There was some concern that after the 31st of December 2020, Irish and EU businesses would no longer be able to freely transfer personal data in the same manner as previously. While businesses were right to have this risk on their radar, the eleventh hour Trade and Cooperation Agreement did make provision for the continued smooth flow of personal data. This means that we do not have to regard the United Kingdom as a third country for the purposes of GDPR. We may effectively continue as before.
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