EMPLOYMENT EQUALITY LAW IN IRELAND – CLAIMANTS,

REPRESENTATION AND OUTCOMES

Michelle O’Sullivan & Juliet MacMahon

IAM 2009

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Introduction

More individualist orientation in employment relations

+Increase in employment law

+Decline in unionisation in private sector

Employees more reliant on legislation?

Varied forms of representation

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Representation 1.Trade unions2. Legal representation 3. Equality Authority4. Citizens Information Service5. Friends

• Research UK & Ireland: legal representation increased an applicant’s chances of success

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Methodology

1. Who are the claimants of employment equality law?

2. Who represents claimants? 3. Which representatives are more

successful?4. Are the outcomes of cases dissuasive?

• 434 Equality Tribunal decisions 2001-2007• Interview with member of Legal Unit in ET

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Claimant Trends

• Higher no of female claimants (59%)

• Most cited grounds: gender, age, disability, race

• Even public/private sector divide– Public sector: State & semi-state bodies– Private sector: services

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• Claimant failure rate – 65% lost outright & 11% had partial failure– Burden of proof– Inappropriate use of legislation– Statutory time limits

• Private sector claimants: higher success rates

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Redress

• Variety:– Compensation; awards for loss of

earnings; equality policies; selection and promotion procedures; equality training

• Average compensation– 2001 £14,375 – 2002 - 2007 €11,689

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Representation• 1/3 not represented

Most common Most successful

1 TUs Equality Authority

2 Legal TUs

3 Equality Authority Legal

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• Relatively low no of cases• Public sector disproportionately accounts

for cases• High claimant failure rate• Representation trends dissimilar to EAT• Dissuasiveness?