🇮🇪 Your rights in Ireland

Equal pay

The Employment Equality Acts give women and men the right to equal pay for like work, including work of equal value. Pay covers basic wages and other benefits such as bonuses and allowances.

• An employer can justify a difference only for reasons that have nothing to do with gender.
• Larger employers must publish gender pay gap information under the Gender Pay Gap Information Act 2021.
• New EU pay transparency rules are being brought into Irish law, which should increase your right to pay information.

You can raise the issue internally first. Complaints go to the Workplace Relations Commission. The usual time limit is six months from the discrimination, which can be extended only in limited cases, so act promptly.

Harassment at work

Sexual harassment and harassment on the gender ground are forms of discrimination under the Employment Equality Acts. Harassment covers unwanted conduct that violates your dignity and creates an intimidating, hostile, degrading, humiliating or offensive environment.

• Employers can be liable unless they took reasonably practicable steps to prevent it, such as having a clear policy and acting on complaints.
• You must not be penalised for making a complaint.
• Keep a dated diary of incidents, witnesses and any messages or emails.

There is an official code of practice on sexual harassment and harassment at work. Complaints can be made to the Workplace Relations Commission, and strict time limits apply. Serious harassment may also be a criminal matter for the Gardaí.

Pregnancy and maternity

It is discrimination to treat you less favourably because you are pregnant or on maternity leave, and dismissal because of pregnancy is unfair, whatever your length of service.

• The Maternity Protection Acts give employees a right to maternity leave and to return to the same or a suitable job afterwards.
• Your employer does not have to pay you during maternity leave unless your contract says so, but you may qualify for Maternity Benefit from the Department of Social Protection.
• You have the right to paid time off for antenatal and certain postnatal appointments.
• Breastfeeding employees are entitled to breaks or reduced hours for a period after birth.

You must give your employer written notice of your leave in advance. There is also parent's leave and paternity leave for partners.

Flexible work

The Work Life Balance and Miscellaneous Provisions Act 2023 gives parents of young children and certain carers the right to request flexible working, and gives all employees the right to request remote working, after a qualifying period.

• Requests should be made in writing, in advance of the start date you want.
• Your employer must consider the request, taking account of a code of practice, and reply within a set time with reasons if they refuse.
• You can complain to the Workplace Relations Commission if the request was not handled properly.

Employers can still refuse for genuine business reasons, so explain how the arrangement would work in practice. Part-time workers also have the right not to be treated less favourably than comparable full-time workers.

Protection from domestic abuse

Under the Domestic Violence Act 2018, the District Court can make orders to protect you from a spouse, partner, family member or someone you live with or have had an intimate relationship with.

• A safety order forbids the person from using or threatening violence or harassing you.
• A barring order requires the person to leave the home.
• Protection orders and interim barring orders can be made quickly while a full hearing is pending.

Breaching an order is a criminal offence and you can call the Gardaí. Coercive control is also a crime. Applying for orders in the District Court is free, and support services such as Women's Aid can help you prepare. In an emergency, call 999 or 112.

Separation and divorce

Divorce in Ireland is granted by the courts. You generally must show that you and your spouse have lived apart for a set period and that there is no reasonable prospect of reconciliation. A judicial separation is also available and has different grounds.

• The court must be satisfied that proper provision has been made for both spouses and any dependent children.
• Orders can cover maintenance, the family home, property and pensions.
• Decisions about guardianship, custody and access are based on the best interests of the child.

Mediation can help you reach agreement and is offered free by the Legal Aid Board's family mediation service. Cohabiting couples have more limited rights, so get information early if you were not married.

Legal aid and free legal help

The Legal Aid Board provides civil legal aid and advice, mainly in family law such as separation, divorce, custody, maintenance and domestic violence. You usually need to pass a means test and pay a contribution, and there can be waiting lists, although cases involving domestic violence are often prioritised.

Other free help includes:

• FLAC (Free Legal Advice Centres), which run free legal information and advice clinics.
• Citizens Information, for information on your rights.
• Your trade union, for workplace problems.
• Community law centres in some areas.

Free legal advice is also available to victims of certain sexual offences. Criminal legal aid is separate and is decided by the courts.