At a glance
- In January 2025, the Irish government published the General Scheme of the Equality (Miscellaneous Provisions) Bill 2024 (General Scheme).
- The General Scheme proposes changes to Irish equality legislation, including the partial implementation of the EU Pay Transparency Directive (Directive).
The General Scheme was approved by the Irish government in November 2024 and published earlier this year.
The main areas of reform include proposed amendments to the Employment Equality Acts to:
- Transpose Article 5 of the EU Pay Transparency Directive.
- Expand the scope of positive action on grounds other than that of gender to include prospective employees.
- Remove existing the provision allowing differential pay rates for persons with disability.
- Extend time limits to apply for redress.
The Directive
Member States have until June 2026 to transpose the Directive into national law. Please see our earlier article for full details of the directive's provisions and the new obligations which will apply to Member States.
The General Scheme proposes to partially transpose the Directive, namely Article 5. It is expected that other elements of the Directive will be transposed by a Pay Transparency Bill, which is included in the Spring 2025 Legislative Programme and noted as having heads in preparation.
Under the General Scheme employers will be required to publish remuneration levels or ranges in job advertisements. This proposal goes beyond what is required by the Directive, which requires the provision of remuneration information in the job advertisement or in advance of the interview.
Employers will also be prohibited from asking job applicants about their own pay history or their current rate of pay, a measure which intends to prevent perpetuation of pay discrimination.
Recruitment practices
The General Scheme proposes to enable employers to develop recruitment initiatives to increase market participation of underrepresented groups on equality grounds. Employers will be enabled to take positive action on grounds other than that of gender in relation to prospective employees.
Further, proposed amendments to the Employment Equality Acts include a requirement for objective justification of any specific educational, technical or professional qualifications required for a particular post. This is intended to prevent indirect discrimination on protected grounds.
Differential pay
Employers will no longer be allowed to pay differential pay rates to persons with disability, which is currently permitted if productivity is restricted compared to other employees
Time limits
The General Scheme proposes to extend the time limits that apply when bringing equality claims. The current time limits of six months will be extended to 12 months, and it will continue to be possible to extend this for further six months where there is reasonable clause.
Next steps
The General Scheme is still in its early stages of the legislative process, and we continue to monitor its progress. Employers are advised to consider what action is necessary to adhere to proposed new requirements, especially with regards to pay transparency and recruitment practices.
If you require further information in relation to equality legislation, please contact a member of DLA Piper’s Irish Employment team.
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