Two new statutory Code of Practice developed by the Irish Human Rights and Equality Commission (the ‘Commission’) have been launched to help eliminate pay inequality and tackle workplace harassment and sexual harassment.

The new Codes, published in the week of International Women’s Day set out the procedures and steps to ensure that employees receive equal pay for like work in Ireland’s workplaces, and are not subjected to harassment or sexual harassment in employment.

The Commission has developed and published these Codes following consultation, and in response to growing concerns about these issues, which primarily impact women, but affect people across the equality grounds.

The Code of Practice on Equal Pay provides employers, trade unions and employees with practical guidance on the right to equal pay, how to eliminate pay inequality, and how to resolve pay disputes. The Code of practice on Sexual Harassment and Harassment at Work sets out what is meant by employment-related sexual harassment and harassment, how it can be prevented; and the necessary steps to ensure that organisations are ready to deal with it, and to prevent it from happening again.

A Statutory Instrument has been tabled by the Minister for Children, Equality, Disability, Integration and Youth, Roderic O’Gorman T.D., the new Codes are legally admissible in evidence in proceedings before the courts, the Workplace Relations Commission and the Labour Court.

On the Code of Practice on Equal Pay:

Irish equality law provides for nine protected grounds on the basis of which a person must not be paid any less. They are; gender, marital status, family status, age, disability, sexual orientation, race, religion and membership of the Traveller community.

An employee who is performing work that is the same, similar or of equal value to that of another person employed by the same employer, and who differs in respect of one or more of nine protected grounds, has a right to be paid the same as that other person.

The Code provides guidance to help employers identify pay inequality and to eliminate it, including on how to conduct a pay review which incorporates a rational and objective job evaluation model.

The employer benefits of pay equity include avoiding legal costs, promoting staff retention, increasing morale and productivity. The Code sets out how someone who considers that they are not being paid equal pay for their like work, should raise this internally at first before then proceeding if necessary to the Workplace Relations Commission or Courts.

These Codes come as the Commission has also been provided with new legal powers to tackle gender pay gaps in organisations through The Gender Pay Gap Information Act 2021. The act, which was signed into law by the President in July 2021 but has yet to be commenced, will require organisations with over 250 employers to report and publish information relating to their gender pay gap, and, where there is a gap, to explain why there is a gap and what measures are being taken to reduce it. Reporting by organisations is expected to commence this year.

On the Code of Practice on Harassment and Sexual Harassment:

Sexual harassment is unwanted conduct of a sexual nature, or other conduct based on sex affecting the dignity of women and men at work. Harassment is any form of unwanted conduct related to any of the prohibited grounds which violates a person’s dignity and creates an intimidating, degrading, humiliating or offensive environment for them.

The Code highlights that people in precarious work and new workers, including immigrant workers, are particularly vulnerable to sexual harassment and harassment. It sets out policies and procedures that establish work environments which are free of harassment and respect everyone’s dignity.

The Code of Practice on Equal Pay is available here:
Codes-of-Practice-Equal-Pay-FA_Digital.pdf

The Code of Practice on Sexual Harassment and Harassment at Work is available here: Codes-of-Practice-Sexual-Harassment-FA_Digital.pdf