Victimisation at work in Ireland

Information

The term victimisation is used to describe unfair treatment of a worker by an employer because of some action the worker has taken. Some employment legislation protects you from victimisation if you are seeking to avail of or availing of your rights under the legislation. This means that your employer may not penalise you by dismissal, unfair treatment or an unfavourable change in your conditions of employment. Some legislation refers to this conduct as “penalising” an employee, other legislation refers to it as victimisation. If you are being victimised but not because you are claiming your rights under certain employment legislation then the issue may be harassment or bullying in the workplace.

Employment legislation prohibiting victimisation

Minimum wage

The National Minimum Wage Act 2000 prohibits your employer from victimising you for exercising your rights under the Act. If you are due a pay increase under this Act you may not be victimised by your employer, for example, by a reduction in your hours of work.

Employment equality
If you brought a claim or gave evidence in proceedings against your employer under the Employment Equality Acts 1998-2008 you are protected against victimisation.  If you are victimised by your employer you may bring another claim to the Equality Tribunal – see ‘How to apply’ below. Your employer may be obliged to pay you compensation. This applies whether or not you lost your original case against your employer.

Health and safety
Under the Safety, Health and Welfare at Work Act 2005 (pdf) you may not be penalised for exercising your rights under safety and health legislation. For example, your employer may not penalise or dismiss you for making a complaint about health and safety at work to the Health and Safety Authority

Carer's leave
Under the Carer’s Leave Act 2001 you are protected against being victimised for taking carer’s leave, or proposing to take it.

Part-time employees
If you are a part-time employee you may not be penalised for claiming your rights under the Protection of Employees (Part-Time Work) Act 2001.

Fixed-term employees
An employer is prohibited from victimising a fixed-term employee who seeks to avail of rights under the Protection of Employees (Fixed-Term Work) Act 2003. Victimisation includes dismissal in order to avoid a fixed-term contract being considered an open-ended contract.

Employment legisation and unfair dismissal

Other employment legislation protects you against dismissal for seeking to avail of or availing of your rights under the legislation but does not protect you against victimisation. If you are dismissed because of your pregnancy or for claiming your rights under maternity protection legislation your dismissal is unfair.  You are also protected against unfair dismissal if you are taking or proposing to take adoptive, parental or force majeure leave.  In these circumstances you do not need any particular period of service with your employer in order to bring a claim for unfair dismissal – see ‘How to apply’ below.

How to apply

Victimisation: If you have been victimised you may make a complaint to a Rights Commissioner unless you have been dismissed – see ‘Unfair dismissal’ below. The complaint must be made within 6 months of the alleged victimisation. This time limit may be extended to 12 months at the discretion of the Rights Commissioner.
Complaints of victimisation except dismissal can be referred to a Rights Commissioner under the following legislation:
National Minimum Wage Act 2000 (pdf)
Carer’s Leave Act 2001 (pdf)
Safety, Health and Welfare at Work Act 2005 (pdf)
Protection of Employees (Part-Time Work) Act 2001 (pdf)
Protection of Employees (Fixed-Term Work) Act 2003 (pdf)

Unfair dismissal: You can make a complaint of unfair dismissal to the Employment Appeals Tribunal using the application form TIA.  Applications must be made within 6 months of the dismissal. This time limit can be extended to 12 months if there are “exceptional circumstances”. Complaints of dismissal which come under employment equality legislation should be made to the Equality Tribunal – see below.

If you have been dismissed for claiming your rights under maternity protection, adoptive leave, parental leave or carer's leave legislation you do not need 1 year's service to make a claim under unfair dismissals legislation.

Part-time and fixed-term employees with less than 1 year’s service who have been dismissed may refer their cases to a Rights Commissioner under the part-time or fixed-term workers legislation. If they have more than 1 year’s service they may make a complaint to a Rights Commissioner either under that legislation or under the Unfair Dismissals Acts 1977 to 2007.

Employment equality
Complaints under the Employment Equality Acts about victimisation including dismissal and complaints about discriminatory dismissal must be referred to the Equality Tribunal using form EEI (pdf). The complaint must be brought within 6 months of the last act of victimisation or the date of dismissal.  This time limit can be increased to 12 months when there is "reasonable cause" for the delay.

Where to apply