Equality Tribunal

Information

The Equality Tribunal is the independent state body in Ireland set up to investigate or mediate complaints of discrimination. The Equality Tribunal deals with all complaints of discrimination in employment and access to goods and services which come under the following equality legislation: 

• The Employment Equality Acts 1998 to 2008 outlaw discrimination at work including recruitment and promotion; equal pay; working conditions; training or experience; dismissal and harassment including sexual harassment.
• The Equal Status Acts 2000 to 2008 outlaw discrimination outside the workplace, in particular in the provision of goods and services, selling renting or leasing property and certain aspects of education. 

Discrimination occurs when you are treated less favourably than another person is, has been or would be treated because of your:

• Gender
• Marital status
• Family status
• Religion
• Sexual orientation
• Age
• Disability
• Race (including colour, nationality, ethnic or national origins) or
• Membership of the Traveller community.

Victimisation is also covered by equality legislation. Victimisation occurs when a person is treated less favourably than another because they opposed discrimination or were involved in a complaint of unlawful discrimination.

The Equality Tribunal also deals with complaints of discrimination on the grounds of gender under the Pensions Act 1990 to 2004 in relation to occupational benefit or pensions schemes. It cannot deal with complaints about licensed premises (for example, pubs) and registered clubs (for example, some golf clubs are registered clubs). To pursue a complaint about a licensed premises or registered club you must take your case to the District Court. 

What is the difference between the Equality Tribunal and the Equality Authority ?

The Equality Tribunal and the Equality Authority are 2 completely separate organisations.

The Equality Authority is a statutory body set up to work towards the elimination of unlawful discrimination, to promote equality of opportunity and to provide information to the public on the equality legislation. It can advise and support you to bring claim to the Tribunal but it has no power to decide a case.

The Equality Tribunal is the place to bring your claim. It investigates or mediates claims of unlawful discrimination under the equality legislation. A Tribunal mediator will facilitate parties to reach a mediated agreement which is legally binding. Where parties object to mediation, a case will be heard by a Tribunal Equality Officer, who will hear evidence from both parties before issuing a legally binding Decision.

Rules

The Equality Tribunal can only act on a complaint made in writing. If you want to make a complaint you must do so within the time limits set out in law - see 'How to apply' below.

To make a complaint under the equal status legislation you must first notify the person or organisation you are making the complaint against within 2 months of the last act of discrimination – see ‘How to apply’ below.

Mediation

When you make your complaint to the Equality Tribunal you will be offered mediation. Mediation is an attempt to get agreement between the parties.

To accept or reject the offer of mediation you must fill out form ET.1 (pdf). At the end of mediation both sides sign an agreement which is legally binding so that both sides must keep to the terms of the decision. Mediation is held in private and the agreement is not published. If you do not reach an agreement through mediation you can request your case be brought to investigation.

Investigation

If you reject the offer of mediation your complaint will go straight to investigation. Investigation is also held in private. At the end of investigation the Tribunal Equality Officer will issue a decision which is also legally binding. All decisions by law must be published but in sensitive cases names may be withheld. If the Equality Officer finds in your favour, a legally binding order will be made. Remedies will include one or more of the following: compensation, an order for equal pay or equal treatment, and/or an order that somebody take a specified action. For more information about investigation you must contact the Tribunal. All the recommendations and decisions of the Equality Tribunal are available on its website. 

The Tribunal cannot give advice to either side on the merits of your case because it must remain impartial. Advice may be available from a trade union, support group, Citizens Information Centre or the Equality Authority.

How to apply

Complaints under the Employment Equality Acts 1998 to 2008 must be brought within 6 months of the last act of discrimination. You should make your complaint on form EE.1 (pdf) which is also available from the Tribunal. There is more information about making a complaint under the Employment Equality Acts 1998 to 2008.

To make a complaint under the Equal Status Acts 2000 to 2008 you must first notify the person or organisation you are making the complaint against within 2 months of the last act of discrimination. To do this you complete form ES.1 (pdf) and send it to the person or organisation you are making the complaint against. The time limit for notification can be extended to 4 months by the Director of Equality Investigations. If you are not satisfied with the service provider's response, or if they have made no response within 1 month from the date you notified them, and you wish to pursue the complaint, you should send a completed complaint form ES.3 (pdf) to the Equality Tribunal. You can find out about making a complaint under the Equal Status Acts 2000 to 2008.

Complaints about discrimination in pensions must be brought not later than 6 months after leaving the job. To make a complaint about discrimination in pensions fill out form PA.1 (pdf)

Complaints must be brought to the Equality Tribunal within 6 months of the last act of discrimination. The time limit can be extended to 12 months for 'reasonable cause'.

All Tribunal decisions can be appealed, to the Labour Court for employment and pensions cases and to the Circuit Court for equal status cases, within 42 days of the issue of the decision.

You can find out more about employment equality information and equal status information on the Equality Tribunal's website.

Where to apply