Employment Reference Document
(Ireland)
Introduction
This Employment Reference Document has been written as an easy to understand working
document aimed at helping you to act within the complex employment laws when
administering the main aspects of the personnel function from recruitment to termination
Advice Service.
In addition to the statutory rights shown in this Document employees will also have
contractual rights arising out of their contract of employment. This contract can either be
issued as a single document, or a statement of the main terms of employment can be issued,
supported by a reference document such as an employee handbook.
TABLE OF CONTENTS
Recruitment and Selection
Discrimination
Employment Rights
Family Friendly Entitlements
Termination
RECRUITMENT AND SELECTION
RECRUITMENT AND SELECTION
1.
INTRODUCTION
1.1
a.
General
1.1
b.
Work permits and illegal immigrants
1.1
c.
Employment of children and young persons
1.2
d.
Unlawful discrimination
1.3
e.
Conclusion
2.
JOB DESCRPTIONS
2.1
3.
PERSONNEL SPECIFICATION
3.1
4.
ADVERTISING VACANCIES
4.1
5.
APPLICATION FOR EMPLOYMENT FORMS
5.1
6.
INTERVIEWING
6.1
7.
REJECTION/ON FILE, HOLDING AND OFFER LETTERS
7.1
8.
REFERENCES
8.1
9.
INDUCTION PROCESS
9.1
10.
CONCLUSION AND ACTION SHEET
10.1
1.
INTRODUCTION
A
General
Employers should read this guide before recruiting and follow the simple procedures it
suggests, bearing in mind that the following areas of legislation govern recruitment and
selection:
i.
work permits and illegal immigrants;
ii.
employment of children and young persons;
iii.
unlawful discrimination;
iv.
protection of part-time and fixed-term employees;
v.
equal pay.
B
Work Permits and Illegal Immigrants
1.
The legislation on work permits prohibits the employment of certain workers based on
their nationality. Broadly speaking there is a distinction drawn between EEA nationals
and non-EEA nationals.
2.
EEA nationals have the right to be employed in the State without a work permit and can
be joined by their dependants and immediate family.
3.
Non-EEA nationals, as a rule, have to have a work permit before they can work in the
State unless married to an Irish Citizen.
4.
Employers who wish to employ a non-EEA national must apply for a work permit on
their behalf at least eight weeks before they enter employment. Before applying for the
permit, employers must generally first advertise the vacancy for four weeks with FAS.
If the advertisement is unsuccessful then the employer is usually eligible to apply for a
work permit that may be requested to last between one month and one year. However,
the Department of Enterprise, Trade and Employment may, on a quarterly basis, deem
certain occupational sectors to be ineligible for work permits where it is believed that
there are sufficient job seekers who are EEA nationals to fill vacancies. The Working
Visa and Work Authorisation schemes are a faster alternative to the work permit
scheme, but are only available to employees in designated categories where there is a
shortage of skilled labour.
5.
Employers may be in break of the legislation if they employ those who are subject to
immigration control and who have no entitlement to live and work in the State.
Employers should therefore see and keep a photography of either an authorised
document showing the Personal Public Service (PPS) number of the employee or, if this
information is not available, relevant passport, birth certificate or other documentary
evidence necessary to show that the employee is entitled to live and work in the State.
C
Employment of Children and Young Persons
1.
A child (somebody under 16 years of age or the school leaving age, whichever is
higher) may not be employed during school hours except when participating in work
experience or on an educational course approved by the Minister for Education. A child
may not be employed for more than a prescribed number of hours before or after school
or during school holidays. Children must not be employed on night work or industrial
work.
2.
A child under the age of 14 may not normally be employed, irrespective of the working
environment.
3.
A young person is a person who is not a child as defined above, but who is not yet 18
years old. There are certain restrictions on the employment and working time of such
young persons (see also Working Time in the Employment Rights section of this
Document).
4.
Before employing a child or a young person, the employer must see a copy of the birth
certificate or other satisfactory evidence of age and, in the case of a child, the employer
must also get the written permission of a parent or guardian of the child.
5.
The employer must maintain a register, or other satisfactory record, containing the
following details in relation to every employee under the age of 18:
a.
b.
c.
d.
full name of the child or young person
their date of birth
their start and finishing times of work each day
their wage rate and the total amount paid by way of wages or salary.
The employer must keep these records for at least three years at the place of
employment.
6.
A copy of the official summary (abstract) of the Protection of Young Persons
(Employment) Act 1996 must be given to every employee under the age of 18, together
with other details of their terms of employment, within one month of their taking up
employment.
7.
Every employer must display the official summary of the above Act at the principal
entrances to any premises where their employees work. Copies of the official summary
in leaflet and poster format are available from the Information Unit of the Department
of Enterprise, Trade and Employment.
D
Discrimination
1.
Legislation states that it is unlawful to discriminate on the grounds of:
a)
b)
c)
d)
e)
f)
g)
h)
i)
family status
sexual orientation
religious belief
age
disability
race
membership of the Traveller Community
gender
marital status
This prohibition applies in respect of recruitment (including the arrangements made for
recruitment), promotion, training, terms and conditions of employment and dismissal.
2.
Most employers are aware that direct discrimination, for example refusing to employ
someone simply because of their race, is unlawful. However, employers must also be
careful to avoid indirect discrimination. This can occur when an employer applies a
requirement, practice or other provision, which, whether intentionally or not,
disadvantages a substantially higher proportion of people of a particular sex, race or
religious belief etc. than those of a different sex, race or religious belief etc. and the
provision cannot be justified by objective factors unrelated to sex or as being reasonable
in all the circumstances of the case. For example, certain types of technical
qualifications can be demanded that few ethnic minorities or women may possess and
that are not really necessary for the job. “Word of mouth” recruitment can also result in
indirect discrimination. Similarly, an employer who specifies a set number of years
experience as an essential requirement of the job without justification could also be
indirectly discriminating.
3.
At the recruitment stage, discrimination can arise in relation to advertising a vacancy,
the application process, selecting for interview, the interview process, determining to
whom a job should be offered, or in relation to the terms on which employment is
offered. When recruiting, therefore, employers should pay particular regard to the
following:
4.
a.
the job specification should not include unnecessary or marginal requirements
which may lead to discrimination;
b.
the job advertisement should not indicate an employer’s intention to
discriminate; and
c.
if necessary, reasonable adjustments should be made to the application and
interview process.
Further information and guidance regarding all forms of unlawful discrimination and
equal pay legislation are contained in the Discrimination section of this Document.
Prior to recruiting, employers should also refer to the sections detailing rights for parttime and fixed-term employees contained in the Employment Rights section of this
Document.
E
Conclusion
1.
In addition to avoiding potentially expensive litigation at this initial employment stage,
by careful recruitment and selection employers can reduce labour turnover and hence
reduce costs. Thus the most appropriate way to deal with this important personnel
matter is to follow the recruitment system in this section.
2.
An important element for employers, in implementing a recruitment system that does
not discriminate, is a formal equal opportunity policy. Such a policy should give a clear
and unambiguous message to all employees regarding the equality of the treatment they
will receive and be expected to give from the recruitment stage and continuing
throughout their service. Such a statement should be prominently displayed at the
workplace and a specimen equal opportunity policy is contained in the Discrimination
section of this Document.
3.
The remainder of this section contains detailed practical guidance on the recruitment of
staff. Notes on the interview process, examples of offer and rejection letters and the
reference procedure which should be used are also shown. At the end of the recruitment
process the new employee will have his/her first day at work, when the employer should
take the new employee through a formal induction programme.
2
JOB DESCRIPTIONS
A
Introduction
1.
A job description, as the term implies, describes the tasks and responsibilities that
comprise the job. It serves to make clear in the minds of both the employer and the
employee just what he or she should be doing and for which he or she is paid.
2.
When writing a job description the writer should make sure that he/she is familiar with
the day to day nature of the work performed. This is best done by discussing the job
with a person who has actually carried it out or is doing so. Using simple language and
short sentences avoids any confusion about what is intended. A job description must
not contain any discriminatory assumptions.
B
Job Title
What is the job called? e.g. Transport Manager.
C
Main Purpose of Job
Try to describe this in one sentence, e.g. “To control all transport operations and prepare
and monitor the transport budget”. If a main purpose or simple description cannot be
defined, perhaps the requirement should be reviewed from scratch.
D
Relationships
This section makes clear to whom the employee is responsible and over whom he/she
exercises authority. It also sets out those from whom the employee can seek assistance.
E
Main Tasks of Job
List the duties that the employee is expected to carry out. Ensure that the description is
flexible and that development of the job is allowed for by, for example, writing the final
task as “Carry out such further tasks as may from time to time be delegated to you by
your manager” or including a final statement such as “The above is not an exhaustive
list of duties and you will be expected to perform different tasks as necessitated by your
changing role within the organisation and the overall business objectives of the
organisation.”
F
Approval
Signing and dating the job description shows an awareness of the employee’s role when
advertised and acts as a useful guide as to the likely relevance of the document in a
constantly changing world.
G
Conclusion
Writing job descriptions is an essential part of the recruitment process. It also forms the
basis for identifying training needs and measuring performance during employment. A
suggested format and completed sample job description is shown opposite.
SPECIMEN JOB DESCRIPTION
Job Title:
Transport Manager
Main purpose of job:
To control all transport operations and prepare and monitor the transport budget.
Relationships:
a)
Responsible to:
The Operations Director
b)
Responsible to:
A team of drivers, mechanics, office staff.
c)
Liaison with:
Drivers, managers, clients, security.
Main tasks of job:
Organise and control staff under your control.
Ensure accurate completion of time sheets and tachographs.
Maintain standards of maintenance and cleanliness of vehicles.
Maintain required standards from staff whilst on client’s premises.
Ensure the economical and efficient use of transport.
Ensure servicing, maintenance and condition of vehicles.
Maintain health and safety standards of staff under your control.
The above is not an exhaustive list of duties and you will be expected to perform different
tasks as necessitated by your changing role within the organisation and the overall business
objectives of the organisation.
Job description approved by: Operations Director
Date: 10:04:04
3.
PERSONNEL SPECIFICATION
A
What is a Personnel Specification
1.
A personnel specification sets out the qualities and abilities required of the successful
applicant. Such a profile is an essential element of any selection procedure and
identifies the sort of person who would best fill the vacancy.
2.
To draw up a personnel specification, the job description, qualifications of those
successfully doing the job and reasons for the previous person leaving the job should be
studied. Whether or not training can be given should be addressed. Once this is done, a
classification of personal qualities, qualifications and other attributes that an individual
will require to do the job satisfactorily can be drawn up.
B
What could be included in the Personnel Specification?
1.
Qualification/attainments – for example, standard of education or occupational training
etc. required.
2.
Relevant experience – for example, length of service necessary to carry out the job
effectively.
3.
Special attributes – for example, literacy, mathematical, mechanical or other attributes
considered necessary for the performance of the job.
4.
General intelligence – for example, as indicated by spoken word, written work and
quickness of uptake.
5.
Physical requirements – for example, standard of appearance, speech and health as
required by the position.
6.
Disposition – for example, whether dependable, self-reliant, tactful, able to work with a
variety of people.
7.
Circumstances – for example, ability and willingness to travel if relevant. In looking at
circumstances employers must ensure that they do not make assumptions about an
individual’s ability to do a particular job. This applies particularly to discrimination on
the grounds of sex, race or disability etc.
Note. Any requirement contained in a personnel specification should be justifiable and
job related. Care should be taken to avoid over-specification, as the task of
recruiting can be made extremely difficult if a rare combination of attributes is
demanded. Any condition or requirement that has or might have an adverse
impact on people of one background must be rejected if it cannot be shown to be
justifiable and job-related. An example of a completed personnel specification is
shown opposite.
Specimen Personnel Specification
Job Title: Transport Manager
ESSENTIAL
DESIRABLE
Qualifications/Attainments
LGV2
CPC Holder
Relevant Experience
Experience in Management
Special Attributes
Literate
LGV 1-5 years
Clean licence.
Qualification
in
Transport Management
Experience in all types
of vehicles. Extensive
knowledge of motorway
network.
5 years
Transport Management
Ability
to
write
comprehensive
Board
reports.
General Intelligence
Physical Requirements
Can us initiative
Business-like appearance,
articulate.
Dependable
Disposition
Circumstances
Able to motivate and
lead by example.
Available at all times, day or
night.
Note: A personnel specification should be drawn up by an employer to suit the individual
circumstances of the vacancy in question.
Prepared by: A Manager
Date: 10:04:04
4.
ADVERTISING VACANCIES
A
Assessment
The recruitment and selection process begins with an assessment of the job – “What do
I need the new starter to do?” (the job description). This leads to “What
knowledge/skills are required to do this?” (the personnel specification). The employer
now has a good idea of the person sought and can plan the search for the ideal applicant.
B
Placement
There are a host of methods of attracting applicants, including advertising and the use of
recruitment agencies. Probably the most common is to place newspaper advertisements
aimed at a ‘target group’ of potential employees living in the relevant area. Word of
mouth is a method which can lead to allegations of discrimination, but whatever method
of advertising is decided upon, all applicants should be channelled through the chosen
procedure.
C
Content
1.
Advertisements need to include the following information:
a.
the job title and, if appropriate, job details, conditions, salary, etc;
b.
where the job is located;
c.
any special qualifications needed, e.g. ‘time served’ etc;
d.
to whom the application should be directed;
e.
the method of application to be adopted – in writing, by CV, application form,
etc..
2.
A good general rule is to say enough to raise interest (without being long-winded) and
to have eye catching an advertisement as can be afforded.
D
Legal Constraints
1.
Current legislation makes it an offence to advertise job vacancies in a discriminatory
way, whether intentional or not. Such titles as waiter, salesman, etc. must be avoided
unless qualified, i.e. waiter/waitress, salesman/saleswoman, etc. and even indirect
discrimination can lead to grave problems. Examples of indirect discrimination include:
a.
recruiting only relatives/friends of the existing work force;
b.
setting unnecessarily high qualification standards for a job;
c.
excluding applicants from an area with a high ethnic minority;
d.
excluding applicants from a specific community; and
e.
placing advertisements in a particular area.
2.
There is a legal requirement to ensure that fixed term employees are given the same
opportunities as comparable permanent employees to secure any permanent vacancies.
For further information see the section on Rights for Fixed Term Employees in the
Employment Rights section of this Document.
3.
On the following page there are examples of discriminatory advertisements together
with their non-discriminatory counterparts that observe good personnel practices.
NO
WAITER
WANTED
Apply to
Anywhere Limited
Old Road
Somewhere
YES
WAITER/WAITRESS
WANTED
Apply in writing to
Mr. Jones
Anywhere Limited
Old Road
Somewhere
For application form ring
0123 – 446 –7890
Anywhere Limited is an
Equal Opportunities
Employer
NO
SALESMAN
REQUIRED
YES
SALES REP REQUIRED
(Male/Female)
To sell a wide range
of toiletries,
Good salary
and commission.
To sell a wide range
of toiletries,
Good salary
and commission.
Apply to:
Anywhere Limited
Old Road
Somewhere
For application form ring
0123 – 446 –7890
Anywhere Limited is an
Equal Opportunities
Employer
5.
APPLICATION FOR EMPLOYMENT FORMS
A
Introduction
The use of application forms at the interview stage and their retention after interviewing
is good personnel practice as they provide the basis for objective, non-discriminatory
recruitment.
B
Use of the Form
1.
An application form contains a permanent record of a prospective employee’s previous
education and career history and acts as a useful post-interview reminder for the
interviewer.
2.
The inclusion within the form of various medical history questions enables the
interviewer to check on an applicant’s suitability for the post on health grounds. If the
interviewer requires further information and wishes to contact a prospective employee’s
doctor with a view to obtaining a medical report, the individual should be informed of
this and their written permission to contact their doctor should be obtained.
C
Retention of the Form
1.
Potential claims brought against employers by unsuccessful job applicants on the
grounds of discrimination are more easily contested if genuine non-discriminatory
reasons for non-employment area noted on the application form, or on an interview
rating form, by the employer at the time the decision to reject the applicant is made.
2.
All the “unsuccessful” application forms and interview notes relating to a particular
vacancy should be kept in one “dead” file, together with a copy of the job advertisement
and a note of the successful applicant. This file should be retained for a period of not
less than nine months after the appointment of the successful applicant, but preferably
for 12 months.
6.
INTERVIEWING
A
Selection for Interview
1.
It is likely that the response to a job advertisement will produce many more applicants
than can reasonably be granted an interview.
2.
It follows therefore that some sort of selection of short-listing for interview will be
adopted. In this case, the following guidelines should be followed:
a.
short-listing should be done by those who will be doing the interviewing;
b.
short-listing should be done on job related criteria only;
c.
there should be no pre-conceived idea of the actual number of applicants to be
seen;
d.
short-listing should not normally take account of discriminatory grounds; and
e.
the job related criteria should be applied to all applicants in a fair and consistent
way.
3.
The personnel specification, job description and application form should be used as the
most accurate and objective tools in short listing.
4.
In order to achieve the short-list of applicants to be interviewed the only information
about each applicant at the employer’s disposal is the application form. An attempt
should be made to match the applicant’s skills and experience, as shown on the
application form, with the requirements of the job description and the personnel
specification. This process should also be reversed – the vacancy should be suitable to
the applicant. In addition, the applicant’s motives and aspirations in applying for the
vacancy together with those of the organisation should be considered. In this way and
by using a short-listing matrix (see form SL in the Employment Stationery Catalogue),
the employer should be in a position to draw up a short-list of applicants for interview
who can be described as having a “best fit” to the requirements of the vacancy.
5.
After the initial screening of the applications received, a rejection letter should be sent
to those people whom it is decided not to call to interview. All rejection letters and
application forms should be filed together in a “dead” file created for the specific
vacancy, ensuring that non-discriminatory reason for rejecting the applicant have been
recorded.
B
Interview Process
1.
There are two principal forms of recruitment interviewing. The first is when an
employer wishes to have one set of interviews and select the successful applicant. The
second is when there is a first set of interviews leading to a short-list of applicants.
These short-listed applicants are then invited for a second round of interviews after
which the employer selects the successful applicant. Whichever form of interviewing is
chosen, there are three stages to the interview process. When interviewing, employers
should take the following steps:
2.
Prepare
3.
a.
make sure that all concerned are notified and area available at the specified times;
b.
make sure that the applicants are aware of any documentation or certificates that
you require them to produce at interview e.g. proof of identity such as passport or
birth certificate, recent photograph, exam certificates, proof of admission to
professional bodies etc.
c.
compare the job description and personnel specification with the applications
received;
d.
plan questions to elaborate at the application form details and clear up question
areas, e.g. periods of unemployment;
e.
arrange a structure to the interview; and
f.
make sure that there will be no interruptions.
Conduct
a.
put the applicant at ease;
b.
outline the organisation’s background;
c.
ask the applicant to elaborate on the application in appropriate areas, particularly
those that influenced the decision to short list or that may be relevant to the
working time legislation;
d.
use open-ended questions, i.e. do not use questions that can be answered “yes” or
“no”;
e.
do not ask discriminatory questions or base selection decisions on discriminatory
views;
f.
outline the post in question, detailing the main terms and conditions;
g.
allow the applicant to ask questions;
h.
make sure details of acceptable referees are available; and
i.
tell the applicant when he/she can expect to hear the outcome of the interview.
4.
Action
a.
make interview notes on the application form and, if appropriate, on a separate
interview rating form, such as the example in the Employment Stationery
Catalogue (form IR), taking care to give genuine reasons if the application is
unsuccessful;
b.
split those interviewed into “rejected” and “possible” and send rejection letters
to those rejected at this stage;
c.
If there is to be only one interview, reduce the possibles to one successful
applicant. Or, if there is to be a further round of interviews, reduce the
possibles to rejected and possibles at a first interview. Write rejection letters to
those rejected and invite the remaining applicants to a second interview, again
following the interviewing guidance notes. At this round of interviews it is
important that the questions asked focus tightly on the vacancy in question,
and the job description and personnel specification should be re-read prior to
these interviews. On conclusion of this second round of interviews, it should
be possible to reduce the short-list to those rejected, the possibles and one
preferred applicant;
d.
if none of the applicants is suitable, there has probably either been a mismatch
between the applicants and the job description and/or personnel specification,
or the job advertisement did not accurately reflect the job description/personnel
specification;
e.
if there is a ‘tie’ and it is felt that more that one applicant would be capable of
filling the vacancy, consideration should be given to calling these applicants
back for a less formal interview with a different interviewer or interviewers.
these informal interviews of two equally able applicants should look beyond
capability and consider other aspects, such as management style;
f.
offer the preferred applicant the post, send rejection letters to those rejected
and send “on hold” letters to the possibles. Wait until after the preferred
applicant has accepted before sending “on file” letters to those remaining
applicants;
g.
if the preferred applicant does not accept, then offer the position to one of the
applicants on hold and send “on file” letters to the remaining applicants;
h.
take up references for the preferred applicant and consider replies carefully;
i.
if, after the preferred applicant has started work, it becomes necessary to
dismiss for some reason (e.g. unsuitable references), offer the vacancy to one
of the previous “on file” applicants and take up references;
j.
arrange medical examination (if necessary);
k.
file all the remaining applications in the vacancy dead file divided into “on
file” and “rejected” and prepare a new employee file for the successful
applicant; and
l.
prepare the induction programme
7.
REJECTION/ON FILE, HOLDING AND OFFER LETTERS
1.
On the following page are three sample letters which can be used following interviews –
a rejection letter, a holding letter and an offer of employment. The standardisation of
such letters helps to make this part of the recruitment and selection process a routine
exercise.
2.
Rejection/on file
The rejection letter is used to advise unsuccessful applicants of the outcome of their
application/interview. Rejection letters can be sent at any stage to those appl8icants
who are simply not acceptable, in which case the paragraph commencing “If we may,
however…” should be omitted.
Retained application forms from those who have previously received a holding letter
could be used as a possible means of ‘short circuiting’ the recruitment and selection
process if the successful applicant proves unsuitable or if a similar vacancy arises in the
future and in this situation the rejection letter in full should be used as an ‘on file’ letter
in the manner detailed in Interviewing in this section.
3.
Holding
Holding letters are used as a temporary measure, usually when waiting for an
acceptance letter to be received from the successful applicant or until the successful
applicant starts in the new job. It would be unwise to tell the whole truth in these
circumstances because no new employee would wish to feel ‘second best’. Holding
letters should be followed up at the earliest opportunity with either a rejection or offer
letter.
4.
Offer
When a verbal or written offer of employment is made and accepted, a contract exists.
Employers are required by law to issue an individual written statement of the main
terms of employment within two months of a new employee’s commencement date. It
is important therefore that the offer letter contains details of any of the main terms and
conditions of employment offered at the interview so that there are no
misunderstandings regarding the terms and conditions offered and so that the individual
written statement is correct.
SAMPLE REJECTION/ON FILE LETTER
Dear
Further to your recent application/interview for the position of Transport Manager, we regret
to inform you that you have not been short-listed/successful on this occasions.
If we may, however, we will retain your application on file and contact you should a suitable
vacancy occur. We thank you for your interest in our organisation and wish you well for the
future.
Yours sincerely
___________________________________________________________________________
SAMPLE HOLDING LETTER
Dear
Further to your recent application/interview for the position of Transport Manager, we have
had a very large response to our advertisement and the standard has been of a very high level.
Consequently, our selection process is taking longer than anticipated but we hope to be in
contact with you again in the near future.
Yours sincerely
___________________________________________________________________________
SAMPLE OFFER LETTER
Dear
Further to your recent application, I am pleased to offer you the position of Transport
Manager with effect from (date) at a starting wage/salary of €
per annum. On this date,
you should report to the undersigned, brining with you the following documentation:
Within two months of your commencement date a statement of the main terms applicable to
this post will be supplied to you but I confirm that your normal hours of work will be 9.00am
to 5.30pm, Monday to Friday with a daily meal break of 60 minutes and that the annual leave
entitlement is 20 days in a complete holiday year (January to December).
You should note that this offer of employment is subject to the receipt of satisfactory
references. In addition, as discussed at your interview, we reserve the right to arrange for you
to be medically examined.
Please confirm your acceptance of this offer by return post, for which a stamped addressed
envelope is provided.
We would like to welcome you to our organisation and trust that our association will be long
and mutually satisfactory.
Yours sincerely
8.
REFERENCES
1.
In an ideal situation, references should be obtained before an offer of employment is
made, but this is seldom the case in practice and offers of employment are usually made
“subject to references”. The sample letter shown previously contains a note regarding
the receipt of satisfactory references and the format on the following page may be used
to obtain written references. Should written replies not be received within a week of the
request, the referee should be telephoned personally to obtain the references. An
employer who cannot wait for a written response can always take up a reference by
telephone at any stage. However, it this is done, the employer should make sure that the
referee is being spoken to in person by looking up the phone number or using directory
enquiries rather than using the number given by the applicant. It is not unknown for an
applicant or an applicant’s friend to give references over the phone posing as a referee!
2.
The purpose of obtaining references is, quite simply, to put an added safeguard into the
recruitment and selection process so that additional information is available that may
affect the decision to employ. For junior jobs the employer may be more concerned to
confirm honesty or previous disciplinary records; for more senior staff, the main motive
will probably be to confirm experience and competence. In every case, however, the
employer will want to confirm the interview notes in respect of the employee’s state of
health and most importantly, will want an honest answer to the questions “Are there, to
your knowledge, any circumstances which would deter you from re-employing him/her,
or would make it undesirable for us to engage him/her?”
3.
A fidelity bond is sometimes a condition of employment where the occupation involves
cash handling. These bonds are usually provided by insurance companies and are
issued subject to their own references proving satisfactory in respect of the employee.
Reasons for refusing to provide a fidelity bond are rarely given but if a bond cannot be
obtained, the employee should be informed and should be given the name of the
company concerned. This information could be of benefit to the employee in correcting
any possible errors in the information held by the reference sources used by the refusing
company and it may subsequently help the employee to obtain the required fidelity
bond.
4.
If the employer is satisfied with the references gained, the replies should be placed in
the employee file, marking the application form as appropriate. If the employer is
dissatisfied, the information should be discussed with the employee concerned and
his/her immediate supervisor. If the employer is still dissatisfied and believes that the
new employee is unable to match the selection criteria adequately, or if a fidelity bond
is a condition of employment and one cannot be obtained, the employee should be
dismissed with the required period of notice.
SPECIMEN REFERENCE LETTER
Private and Confidential
Dear Sir/Madam
Re: (Name of applicant; address of applicant)
…………………. has applied to this company for employment as a ……………….. and has
given us permission to write to you for a reference.
We should be grateful if you would assist us by kindly completing the questionnaire below
and returning it to us at your earliest convenience.
We thank you in anticipation and enclose a pre-paid envelope for your reply, which will be
treated in strict confidence.
Yours sincerely,
___________________________________________________________________________
1.
The applicant states he/she was employed by you from…………. to …………… in the
capacity of ……………………………..
If the above information is inaccurate in any detail it would be appreciated if you would
give the correct details.
……………………………………………………………………………………………
……………………………………………………………………………………………
2.
Would you please state the reason for his/her leaving your employment.
……………………………………………………………………………………………
3.
Would you please comment on
a) his/her honesty
b) his/her trustworthiness
…………………………………………………………………………………………….
4.
Was his/her work satisfactory?
…………………………………………………………………………………………….
5.
What was his/her timekeeping and attendance record whilst in your employ?
…………………………………………………………………………………………….
6.
Are there to your knowledge any circumstances which would deter you from
re-employing him/her, or would make it undesirable for us to engage him/her?
……………………………………………………………………………………………
Signature ……………………..
Date ……………………….
9.
INDUCTION PROCESS
1.
On the first day of the new person’s employment employers should carry out a formal
induction process for a number of important reasons:
a.
it reduces anxiety and enables the employee to settle down in the job more easily
and rapidly;
b.
it helps the newcomer develop a loyalty with working colleagues and with the
employer;
c.
it forms the basis for mutual respect between the employee and the employer and
is the foundation of good human relations, developing in the employee a pride in
the organisation;
d.
it confirms the general terms and conditions and ensures that the employee is
made fully aware of the standards required of them;
e.
it ensures that all the relevant paperwork is collected from the employee;
f.
it gives the employer the written proof that new employees are aware of the rules
and procedures and of their obligations under the working time legislation; and
g.
it ensures that employers comply with the relevant statutory obligations in respect
of safety regulations and safe systems of working.
2.
The induction process should be undertaken by a responsible person who should have
access to the employee’s file. A major aid in the induction process would be a
document that contains all of the collective terms and conditions of employment (e.g. an
employee handbook).
3.
When the employer has completed the induction checklist, the employee should sign the
form. This should then be filed as a permanent record of his/her awareness and
understanding of the rules and procedures, the safety policy and the general terms and
conditions. As an alternative to issuing a contract of employment, the employer could
issue an individual statement of the main terms of employment, together with an
employee handbook and this could also form the basis of the contractual terms between
the employer and the employee.
4.
In addition, an induction checklist should be used as a reminder to:
a.
issue an individual statement of the main terms of employment (or a contract
of employment) within the legally required period; and
b.
prompt early checks that the new employee’s progress is satisfactory. If
remedial action is necessary, this should be taken at an early stage.
10.
CONCLUSIONS AND ACTION SHEET
1.
In this part of the Document, the initial personnel procedures for recruitment and
selection of new employees in a professional and routine way have been covered
together with a method of introducing them to the organisation.
2.
This final section provides a simple to follow action sheet on this important element of
personnel management which will serve as an additional and helpful internal check on
the recruitment and selection process.
RCRUITMENT AND SELECTION ACTION SHEET
Vacancy/
advertising
Job Details
(Joe Description,
Personnel Spec.)
Method of attracting
candidates decided
Advertising
Beware of advertising
in a discriminatory
manner, e.g. avoid
gender specific words
such as “waiter”,
“she”, etc.
If using pictures, show
sexes, races, ages, etc.
fairly.
Nominate employee to
receive replies and
despatch application
forms.
Applications
Arrange interview dates
and notify and ensure all
parties available
Asses forms and decide
suitability
Receive application
forms.
Prepare
Conduct
Action
Availability
Outline Company
Rejection letters (dead
file), hold letters (reserve)
Assessment of applicants
Open-ended questions
Offer Letter
Prepare questions
Beware discriminatory
questions
Reference (file)
Decide structure
Job outline
Rejection letter to those
not invited (dead file).
Interview
Acceptance
Create employee file
Take notes
Complete checklist
On file letters (reserves)
Medical examination
Prepare induction
Collect relevant documents, etc.
Induction
Complete induction
checklist and show
collective terms
Sign induction checklist (file)
Complete individual statement of
main terms of employment.
Inform of first years holiday
entitlement.
Note probationary assessment dates.
Create individual absence cards.
Confirm suitability at end
of probationary period.
Nominate person to
welcome new starter
DISCRIMINATION
B.
DISCRIMINATION
1.
Introduction
1.1
2.
Forms of Discrimination
2.1
A.
B.
C.
D.
2.1
2.1
2.1
2.1
3.
Direct discrimination
Indirect discrimination
Victimisation
Harassment
Grounds of Discrimination
3.1
A.
B.
C.
D.
E.
F.
G.
3.1
3.1
3.2
3.2
3.2
3.3
3.3
Race
Gender, marital status, family status
Sexual orientation
Disability
Religious belief
Membership of the Traveller Community
Age
4.
Equal Pay
4.1
5.
Discrimination and Equal Pay Questionnaires
5.1
6.
Codes of Practice and the Equality Authority
6.1
7.
Specimen Equal Opportunities Policy
7.1
1.
INTRODUCTION
1.
It is generally unlawful for employers to discriminate on any of the prohibited grounds.
The prohibited grounds are:
a.
b.
c.
d.
e.
f.
g.
h.
i.
gender;
marital status;
family status;
age;
disability;
race, including colour, nationality, ethnic or national origins;
sexual orientation;
religious belief; and
membership of the Traveller Community.
This prohibition applies in respect of recruitment (including the arrangements made for
recruitment), promotion, training or transfer, terms and conditions of employment and
dismissal.
2.
There are relatively rare occasions, where a specified genuine occupational requirement
or qualification applies, when it may be permissible to distinguish between employees
or applicants on what would otherwise be prohibited grounds.
3.
The burden of proof for all forms of discrimination, once the individual has shown a
prima facie case, rests with the employer to show that there was no discrimination.
4.
In addition, discrimination legislation contains a presumption that employers are liable
for discriminatory acts carried out by their employees whether done with or without
their knowledge. This vicarious liability provision means that employers could be
responsible for compensation for discrimination in respect of a matter over which they
have no specific control or knowledge. Because of this, it is necessary for employers to
implement equal opportunity policies and ensure that they are rigorously applied.
Ongoing information, support and training must also be given in order that employees
are made aware of the correct approach for dealing with fellow employees and workers
in a non-discriminatory way, and that all recruitment and promotion etc. is based on
merit. Furthermore, employees must regularly be made aware of examples of
discrimination, harassment or victimisation that can occur, so they can be warned not to
undertake such behaviour, and the consequences of so doing. Once all these factors are
put into effect, if it is determined that a discriminatory act has been carried out by an
employee, then there is a defence for the employer to say that they are not vicariously
liable because of the efforts they have undertaken to prevent such matters occurring in
the first instance.
5.
The legislation provides protection to those employed under a contract of employment
or apprenticeship, or under any other contract to personally perform any work or service
and to agency workers.
2.
FORMS OF DISCRIMINATION
A
Direct discrimination
This occurs when one person is treated less favourably than another has been, is or
would be treated in comparable circumstances on one of the prohibited grounds, e.g.
refusing to employ an individual simply because he/she is disabled or not promoting an
individual simply because of his/her sexual orientation.
Direct discrimination can also occur because someone else belongs to a particular
group, e.g. an employee may be treated less favourably because of his/her partner’s
religious beliefs or where an employee is disciplined for refusing to follow a racist
policy or practice of the employer.
B
Indirect discrimination
This occurs when a requirement or other condition, provision, criterion, regime, policy
or practice is applied which, whether intentionally or not, puts or would put members of
a particular group at a particular disadvantage compared to others and which the
employer cannot justify as a proportionate means of achieving a legitimate (nondiscriminatory) aim. for example, certain types of technical qualifications may be
demanded which few ethnic minorities or women may possess and which are not
necessary for the job. “Word of Mouth” recruitment can also result in indirect
discrimination. Similarly, an employer who specifies a set number of years experience
as an essential requirement of the job or who favours full time employees over part time
employees without justification could also be indirectly discriminating.
C
Victimisation
This occurs when a person is treated less favourably than others because that person has
done something, or intends to do something, with reference to the discrimination
legislation, such as bringing proceedings, giving evidence, or making allegations of
discrimination against another person. An example would be requiring a person who
has made a discrimination claim to take annual leave to attend a hearing whilst treating
employees giving evidence in favour of the employer as being on duty.
D
Harassment
This occurs when, on one or more of the prohibited grounds, a person engages in
unwelcome conduct that has the purpose or effect of violating another person’s dignity
or creating an intimidating, hostile, degrading, humiliating or offensive environment for
that person.
For conduct to be considered harassment it should “reasonably be regarded” as having
at least one of the above effects taking into account all of the circumstances, including
the perception of the person who has claimed to be harassed.
The legislation also protects employees from any adverse treatment resulting from the
acceptance or rejection of previous harassment.
3.
GROUNDS OF DISCRIMINATION
A
Race
The legislation prohibits discrimination on the grounds of race. “Race” is defined as
including a person’s colour, race, nationality or ethnic or national origins. The fact that
a racial group may comprise two or more distinct racial groups does not prevent it from
constituting a particular racial group for the purposes of the legislation. Generally, a
person will belong to several different racial groups; for example, a person may be
“black”, “Afro-Caribbean”, “Irish”, etc.
B
Gender, Marital or Family Status
The legislation prohibits discrimination against an individual on the grounds of gender,
marital or family status. When making comparisons, employers must be careful to
avoid making stereotypical assumptions about characteristics, appearance or acceptable
forms of behaviour.
“Family status” is defined as meaning having responsibility as a parent or as a person in
loco parentis to someone under the age of 18, or as a parent or resident primary carer
for someone of or over age 18 who has a disability.
“Marital status” is defined as meaning single, married, separated, divorced or widowed.
“Gender reassignment” is a process enabling individuals to match their bodies to their
gender identity. Whilst it is not explicitly mentioned in current discrimination
legislation, a recent ruling by the European Court of Justice means that it is likely to be
considered within the gender ground.
Merely treating employees differently does not necessarily constitute discrimination.
The treatment has to be less favourable. An employer’s motives are not relevant in
deciding whether there has been discrimination. Treatment that the employer believes
to be in the best interests of the employee can still be discriminatory.
Employers should be aware that, in addition to the specific legislation on maternity
leave, the less favourable treatment of women on account of pregnancy or maternity
leave constitutes direct sex discrimination. However, more favourable treatment of
women on these grounds does not constitute discrimination against men.
Employers must be particularly careful to avoid a number of less obvious forms of
indirect discrimination in this area unless they can be justified, for example:
i.
the refusal of part-time or job-share requests from women returning from
maternity leave, or the selection for redundancy of part-time staff before full-time
staff (because fewer women than men can comply with a requirement to work
full-time); or
ii.
the inclusion of mobility clauses in contracts of employment (because women are
more likely to be secondary earners than their partners).
C
Sexual Orientation
The legislation defines sexual orientation as meaning a sexual orientation towards
persons of the same sex (homosexual) or persons of the opposite sex (heterosexual) or
towards persons of the same sex and of the opposite sex (bisexual). It does not extend
to other sexual practices and preferences. Employers are not obliged to recruit, retain in
employment or promote an individual if the employer is aware, on the basis of a
criminal conviction or other reliable information, that the individual engages, or has a
propensity to engage, in unlawful sexual behaviour (especially as concerns minors or
other vulnerable persons).
D
Disability
The legislation gives a wide definition of disability and provides significant protection
to those who are discriminated against because of their disability.
For the purposes of the legislation, disability is defined as meaning:
i.
the total or partial absence of bodily or mental functions, including the absence of
a part of a person’s body;
ii.
the presence in the body of organisms causing, or likely to cause, chronic disease
or illness;
iii.
the malfunction, malformation or disfigurement of a part of person’s body;
iv.
a condition or malfunction that results in a person learning differently from a
person without the condition or malfunction; or
v.
a condition, illness or disease that affects a person’s thought processes, perception
of reality, emotions or judgement or that results in disturbed behaviour;
and shall be taken to include a disability that exists at present, or that previously existed
but no longer exists, or that may exist in the future or that is imputed to a person.
The legislation does not require an employer to recruit, promote or retain an individual,
or to provide training or experience, if the individual is not fully competent and capable
of undertaking the required duties. However, the legislation does oblige employers to
do all that is reasonable to accommodate the needs of a person with a disability, by
providing special treatment or facilities, the assistance of which would make such a
person fully competent and capable. A refusal or failure to provide for special treatment
or facilities will not be deemed reasonable unless such provision would give rise to a
cost, other than a nominal cost, to the employer.
In addition, discrimination on the grounds of disability is not unlawful in circumstances
where it is shown that there is clear actuarial or other evidence that significantly
increased costs would result if the discrimination was not permitted in those
circumstances.
E
Religious Belief
The legislation prohibits discrimination on the grounds that one person has a different
religious belief from another, or that one person has a religious belief and the other does
not. Religious belief is defined as including religious background or outlook.
The legislation permits religious, educational and medical institutions to take actions
that would otherwise be regarded as discriminatory on the grounds of religion, where
such actions reasonably necessary to maintain or protect the religious ethos of the
institution.
F
Membership of the Traveller Community
The legislation prohibits discrimination against people who are commonly called
Travellers and who are identified (both by themselves and others) as people with a
shared history, culture and traditions, including, historically, a nomadic way of life on
the island of Ireland.
G
Age
Legislation prohibits and indirect discrimination, harassment and victimisation on the
grounds of age. However, the legislation also provides numerous detailed exceptions to
the prohibition, including:
i.
ii.
iii.
iv.
v.
vi.
vii.
differing compulsory retirement ages are permitted;
persons aged under 18 or 65 and over are not protected form age discrimination;
persons no longer fully competent to undertake the duties of the position are
excluded;
maximum ages for recruitment are permitted where these relate to expected
training requirements, or the need for a minimum effective period of employment
before retirement;
discrimination is permitted where there is “clear actuarial or other evidence” that
significantly increased costs would otherwise result;
relating to licences to drive planes, trains and ships; and
in respect of defence, prison and security forces.
4.
EQUAL PAY
1.
The legislation covering equal pay is cast wider than just “pay” and relates to all the
terms under which individuals work. In addition, equal pay claims are not confined to
claims between male and female employees, but can be taken on any of the nine distinct
grounds of discrimination by employees (or workers in respect of equal pay on gender
grounds). In general, the legislation requires employers to ensure that no term of the
contract is less favourable to members of one group of persons than another where they
are both employed on like work. In practical terms this means that, for example, an
employer should not offer a job to a man which as a term of the contract includes four
weeks’ holiday if the same job held by a woman has the benefit of five weeks’ holiday.
2.
For equal pay purposes, there are three separate tests to determine like work (or lack of
it):
a.
same work – where both perform the same work under the same or similar
conditions, or each is interchangeable with the other in relation to the work;
b.
similar work – where the work performed by one is of a similar nature to that
performed by the other and any differences between the work performed or the
conditions under which it is performed are of small importance in relation to the
work as a whole or occur with such irregularity as not to be significant to the work
as a whole; or
c.
work of equal value – where the work performed by one employee is equal in
value to the work performed by the other, having regard to such matters as skill,
physical or mental requirements, responsibility and working conditions.
Employers should be aware that a claim may be lodged in respect of a comparator
employed at the same time as claimant or during the previous or following period of
three years.
3.
There is little an employer can put forward by way of a defence to a finding of
inequality under 2 above. Inequality of pay is an offence for which an employee can be
awarded the difference between the pay that should have been paid and the pay
received. This award can include up to three years’ back pay from the date the claim
was referred.
4.
The only defence to inequality is a genuine material factor other than the discriminatory
ground. In practical terms, this is mainly confined to such things as service increments,
the different geographical location of two similar jobs or the time the work is carried out
(e.g. nigh shift working).
5.
DISCRIMINATION AND EQUAL PAY QUESTIONNAIRES
1.
Employees and even applicants for employment are able to serve an employer with a
questionnaire that assists in determining whether they are in a good position to make a
claim under discrimination or equal pay legislation.
2.
The idea behind the questionnaires is to establish key facts at an early stage of a dispute,
thereby reducing the number of spurious or groundless claims, whilst also increasing the
speed and efficiency of proceedings for cases with merit.
3.
Whilst employers are not under a statutory obligation to answer any of the
questionnaires, a Court will be able to draw inferences from an evasive, ambiguous or
equivocal reply or from a deliberate, unreasonable refusal to provide answers.
4.
A Court can draw any inference that it considers just and equitable. As this may well
have an adverse impact on the employer’s position, it is important that the
questionnaires are dealt with a manner appropriate to the facts and circumstances
applicable to each particular case. It is also vital that the questionnaire is completed
without undue delay.
5.
Another issue is the potential risk that by responding to questions about the pay of the
employee’s colleagues an employer could breach the provisions of the data protection
legislation (see the Employment Rights section of this Document).
Careful
consideration needs to be given with regard to confidential information and whether or
not it is advisable to seek the permission of any individual concerned before disclosing
certain types of information. If a case proceeds to Court, the employer may be ordered
to disclose relevant information, even if it is confidential, where the Court considers this
to be in the interests of justice.
6.
CODES OF PRACTICE AND THE EQUALITY AUTHORITY
1.
The Equality Authority was established in 1999 and underpins anti-discrimination
legislation. The purpose and functions of the Authority include:
2.
a.
working towards the elimination of discrimination and promoting equality of
opportunity;
b.
providing information to the public regarding equality legislation and maternity,
adoptive, parental and force majeure leave;
c.
undertaking research and keeping discrimination legislation under review;
d.
conducting inquiries, making recommendations, issuing non-discrimination
notices and applying for injunctions were such a notice is breached;
e.
carrying out equality reviews and preparing equality action plans; and
f.
publishing Codes of Practice.
The Authority has available a Code of Practice on Sexual Harassment and Harassment
at Work. The Code does not have the force of law, but its provisions will be taken into
account in any discrimination proceedings.
THE CODE OF PRACTICE SHOULD BE ADHERED TO AT ALL TIMES
The Code of Practice is available from:
The Equality Authority
Clonmel Street
Dublin 2
7.
SPECIMEN EQUAL OPPORTUNITIES POLICY
A
Statement of Policy
1.
We recognise that discrimination is unacceptable and although equality of opportunity
has been a long standing feature of our employment practices and procedures, we have
made the decision to adopt a formal equal opportunities policy. Breaches of the policy
will lead to disciplinary proceedings and, if appropriate, disciplinary action.
2.
The aim of the policy is to ensure not job applicant, employee or worker is
discriminated against directly or indirectly on the grounds of race, colour, nationality,
ethnic or national origin, membership of the Traveller Community, gender, gender
reassignment, marital status, family status, sexual orientation, religion, disability or age.
3.
We will ensure that the policy is circulated to any agencies responsible for our
recruitment and a copy of the policy will be made available for all employees and made
known to all applicants for employment.
4.
The policy will be communicated to all private contractors reminding them of their
responsibilities towards equality of opportunity.
5.
The policy will be implemented in accordance with the appropriate statutory
requirements and full account will be taken of all available guidance and in particular
any relevant Codes of Practice.
6.
We will maintain a neutral working environment in which no worker feels under threat
or intimidated.
B
Recruitment and Selection
1.
The recruitment and selection process is crucially important to any equal opportunities
policy. We will endeavour through appropriate training to ensure that employees
making selection and recruitment decisions will not discriminate, whether consciously
or unconsciously, in making these decisions.
2.
Promotion and advancement will be made on merit and all decisions relating to this will
be made within the overall framework and principles of this policy.
3.
Job descriptions, where used, will be revised to ensure that they are in line with our
equal opportunities policy. Job requirements will be reflected accurately in any
personnel specifications.
4.
We will adopt a consistent, non-discriminatory approach to the advertising of vacancies.
5.
We will not confine our recruitment to areas or media sources that provide only, or
mainly, applicants of a particular group.
6.
All applicants who apply for jobs with us will receive fair treatment and will be
considered solely on their ability to do the job.
7.
All employees involved in the recruitment process will periodically review their
selection criteria to ensure that they are related to the job requirements and do not
unlawfully discriminate.
8.
Where possible, more than one person will carry out short-listing and interviewing.
9.
Interview questions will be related to the requirements of the job and will not be of a
discriminatory nature.
10.
We will not disqualify any applicant because he/she is unable to complete an
application form unassisted unless personal completion of the form is a valid test of the
standard of English required for the safe and effective performance of the job.
11.
Selection decisions will not be influenced by any perceived prejudices of other staff.
C
Training and Promotion
1.
Senior staff will receive training in the application of this policy to ensure that they are
aware of its contents and provisions.
2.
All promotion will be in line with this policy.
D
Review
1.
This policy will be subject to regular reviews and amendments where appropriate to
ensure compliance with any legislative developments and good practice.
EMPLOYMENT RIGHTS
EMPLOYMENT RIGHTS
1.
INTRODUCTION
1.1
2.
GENERAL AND MISCELLANEOUS RIGHTS
2.1
A.
B.
2.1
C.
D.
E.
F.
G.
H.
3.
4.
5.
6.
Employment legislation – the Irish legal mechanism
Employment Regulation Orders and
Registered Employment Agreements
Continuity of employment
Written statement of main terms of employment
Minimum periods of notice
Part-time employees
Fixed-term employees
Access to personal data
2.2
2.3
2.4
2.6
2.7
2.9
2.13
PAY RELATED RIGHTS
3.1
A.
B.
C.
D.
E.
3.1
3.2
3.3
3.4
3.5
Itemised pay statements
Deductions from pay and demands for payment
Insolvency of employer
Personal Retirement Savings Accounts
National Minimum Wage
RIGHTS RELATING TO TIME OFF
4.1
A.
B.
C.
D.
4.1
4.1
4.1
4.1
Time off for trade union duties
Time off for carrying out the duties of a safety representative
Time off for jury service
Time off to look for work or arrange training
WORKING TIME AND HOLIDAYS
5.1
A.
B.
C.
5.1
5.4
5.5
Working time
Annual holidays and holiday pay
Public/Church holidays and holiday pay
EMPLOYMENT RIGHTS SUMMARY
6.1
1.
INTRODUCTION
Employment legislation has significantly affected the rights given to employees and workers.
This section brings together in a condensed form the employee and worker rights that are not
explained elsewhere in this Document. The employment rights summary at the end of this
section, in addition to showing the service requirements for each of these rights, also gives the
reference where the details appear elsewhere in this Document.
For the purposes of employment law, a month is a month beginning on any date and, except
for redundancy lump sum payment purposes (see the Termination section of this Document),
a year is a year beginning on any date.
2.
GENERAL AND MISCELLANEOUS RIGHTS
A
Employment Legislation – The Irish Legal Mechanism
1.
The Labour Relations Commission has three branches – the Advisory Service, the
Conciliation Service and the Rights Commissioner Service – and these, together with
The Equality Authority of the Department of Justice, Equality and Law Reform are the
initial venues for the majority of claims brought under the employment legislation.
2.
Appeals from the Rights Commissioners in relation to trade disputes and appeals from
the Equality Officers are heard by the Labour Court, which also hears cases referred
directly to it by the Industrial Relations Officers and complaints brought under the
Pensions Act.
3.
The Employment Appeals Tribunal hears appeals from the Rights Commissioners in
relation to the employment rights of individual employees and cases brought directly to
it, including complaints of unfair dismissal.
Department of Justice,
Equality &
