The Irish Human Rights and Equality Commission has launched two new statutory codes of practice, which unions will be able to invoke in pay inequality and workplace harassment and sexual harassment cases.

Its code of practice on equal pay provides unions, employers, and workers with guidance on the legal right to equal pay, how to eliminate pay inequality, and how to resolve pay disputes.

A statutory instrument has also been tabled by equality minister Roderic O’Gorman, which will make the new codes legally admissible in evidence in proceedings before the Workplace Relations Commission and the Labour Court. This means they can be used to support cases taken by unions on behalf of workers.

A separate code of practice on sexual harassment and harassment at work sets out what is meant by employment-related sexual harassment, how it can be prevented, and the necessary steps to ensure that employers deal with it and stop it happening again.

Sinéad Gibney, chief commissioner of the Irish Human Rights and Equality Commission, said the codes must guide employers on making their workplaces safe and equal places to work.

“In no circumstances is harassment or sexual harassment at work acceptable. It violates a person’s dignity as well as creating an intimidating, degrading and humiliating environment. We have been granted new legal powers to take on instances of egregious gender pay gaps, and we are considering now how we can leverage these new legal powers to create real and lasting change in eliminating pay inequality,” she said.

These commission has also been given 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.

The harassment and sexual harassment code defines sexual harassment as unwanted conduct of a sexual nature, or other conduct based on sex affecting the dignity of women and men at work.

Harassment is defined as 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 says 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 Irish Human Rights and Equality Commission is Ireland’s national human rights institution and is recognised as such by the United Nations. The commission is also Ireland’s national equality body for the purpose of a range of EU anti-discrimination measures.

Read the codes HERE.