This is yet another case where the respondents are in liquidation but in this case no previous written submission was to hand. The complainant alleged that he was paid less than 6 named comparators and that he was dismissed when others with less service were retained.
The complainant had no knowledge whatsoever of his comparators’ remuneration and the Equality Officer found this was fatal to the complainant’s complaint in respect of equal pay and said it was simply impossible for him to determine whether a valid complaint existed. Essentially this means that the complainant failed to establish a prima facie case in respect of equal pay.
However, the complainant’s evidence was accepted in respect of his only having received a contract in English while his Polish colleagues received a contract in English and Polish. The Equality Office was satisfied that this constituted discrimination of the complainant on the race ground (nationality). He was awarded €500.
Why is this case of interest?
- If you provide contracts in various languages ensure that it is available in the necessary language for each employee to avoid a less favourable comparison between the different nationalities.
Continue reading
We help hundreds of people like you understand how the latest changes in employment law impact your business.
Please log in to view the full article.
What you'll get:
- Help understand the ramifications of each important case from NI, GB and Europe
- Ensure your organisation's policies and procedures are fully compliant with NI law
- 24/7 access to all the content in the Legal Island Vault for research case law and HR issues
- Receive free preliminary advice on workplace issues from the employment team
Already a subscriber? Log in now or start a free trial
