New Code of Practice on Equal Pay

May 17, 2022

The Irish Human Rights and Equality Commission (IHREC) published a new Code of Practice this year (the Code) covering Equal Pay. The Code was published to mark International Woman’s Day and is the first Code of Practice to address the issue of equal pay in the workplace.

 

The code seeks to promote the development and implementation of procedures within workplaces to promote equal pay for like work and aims to give practical guidance to employers, employers’ organisations, trade unions and employees on;

  • the right to equal pay;
  • the elimination of pay inequality, and
  • the resolution of pay disputes.

 

While the code does not impose legal obligations on employers, it should be noted that the provisions of this code are admissible, as evidence of noncompliance, in proceedings before a court or in proceedings under Part VII of the Employment Equality Acts 1998-2015 (the EEA), and, also in proceedings before the Workplace Relations Commission (WRC) or the Labour Court. Therefore, any employer who is not compliant runs a risk of a discrimination claim as a consequence.

 

Possible Break for Various Platforms

The code is applicable to all employments covered by the Employment Equality Act (EEA). Employers are encouraged to follow the recommendations in a way which is appropriate to the size and structure of their organisation.

Small and medium sized enterprises should consider adopting some of the practical steps to their specific needs. Any adaptations that are made, however, should be fully consistent with the code’s general intention.

 

Right to Equal Pay

The Code serves, as a reminder to employers, that the right to equal pay exists. This means that an employee who is performing work that is the same or similar to that of another person employed by the same or associated employer, who differs in respect of one of the protected grounds under the EEA, (gender, civil status, family status, age, disability, sexual orientation, race, religion, and membership of the Traveller community) may have a right to be paid the same as that other person.

 

Pay Review

Although the code does not place a legal obligation on an employer to conduct pay reviews, it is recommended, when carrying out such a review, that it incorporates a rational and objective job evaluation, which would be a way of achieving the legal requirement for pay equality. The code sets out a detailed review process, which includes steps such as the collection of job data, analysis of jobs, analysis of pay data, and implementing corrective measures where issues are identified.

 

Raising Issues

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 proceeding, if necessary, to the Workplace Relations Commission or Courts.

It also reminds employers that a detailed process should be in place for employees to ventilate concerns regarding pay inequality and discrimination, including both informal and formal avenues of resolution.

 

Conclusion

This code of practice on Equal Pay follows on from the Gender Pay Gap Information Act 2021, which while signed into law, has yet to be commenced, and will require large organisations over 250 employees to report and publish pay gap information.


New paragraph

   

By Tara Daly June 13, 2025
When “Better Than Statutory” Really Matters
What Irish Employers Need to Know About the Employment (Contractual Retirement Ages) Bill 2025
By Tara Daly June 12, 2025
What Irish Employers Need to Know About the Employment (Contractual Retirement Ages) Bill 2025. The Irish government has taken a significant step forward in reshaping retirement policy in the workplace with the publication of the Employment (Contractual Retirement Ages) Bill 2025. Once enacted, this legislation will introduce a new employment right, allowing, but not obliging, employees to remain in work until they reach the State Pension age.
: A Practical Guide for Employers
By Tara Daly June 12, 2025
A Practical Guide for Employers. In today's dynamic workforce, fixed-term and specified purpose contracts have become a common feature across various sectors in Ireland. Whether it's covering maternity leave, managing seasonal workloads, or executing specific projects, these contracts offer flexibility to employers and opportunities to employees. However, it's crucial to understand the legal framework governing these contracts to ensure compliance and protect the rights of all parties involved.
First WRC Award in Right to Request Remote Working claim
By Tara Daly June 12, 2025
The Workplace Relations Commission (WRC) has issued its first award under the Work Life Balance and Miscellaneous Provisions Act 2023, and it's a timely reminder for employers across Ireland. Although multiple claims had previously been submitted to the WRC under this legislation, all were unsuccessful prior to this case.
How to Calculate Statutory Annual Leave in Ireland
By Tara Daly June 12, 2025
Annual leave entitlements are a fundamental part of every employee’s contract. But when it comes to calculating statutory annual leave, particularly for employees with variable hours, many employers are unsure of the rules
By Tara Daly May 13, 2025
What does this mean for Irish and UK Employers
By Tara Daly May 13, 2025
What Employers Need to Know
By Tara Daly May 13, 2025
A Temporary Relief for SMEs or Just Delayed Pressure?
Auto-Enrolment Delayed
By Tara Daly May 13, 2025
Auto-Enrolment Delayed. Why is there delays? when?
By Tara Daly May 1, 2025
At MSS The HR People, we often get asked, “What exactly is HR advice?” It’s a great question — and one that cuts right to the heart of what we do every day for our clients. What Is HR Advice? HR advice is professional guidance provided to employers and managers on how to manage people in the workplace. Whether you run a small business with a handful of employees or are a scaling SME with growing staffing needs, the right HR support can help you stay compliant, avoid costly mistakes, and build a high-performing team.  In this blog, we’ll break down what HR employer advice actually is, how to know when you need it, and what your options are for getting the right professional HR support - without hiring a full-time HR manager. It spans everything from recruitment and onboarding to performance management, employee relations, and employment law compliance. Good HR advice helps businesses stay compliant, make informed decisions, and avoid costly pitfalls. But more than that — great HR advice is practical, proactive, and tailored to your business needs. Types of HR Advice We Offer At MSS The HR People, we support clients with a broad range of HR issues. These include: Employee Relations – Managing grievances, disciplinaries, investigations, or conflict resolution. Performance & Conduct – Supporting managers with underperformance, absenteeism, or behavioural issues. Contracts & Policies – Drafting or reviewing contracts, handbooks, and HR policies to ensure legal compliance. HR Compliance – Advising on employment law updates and how to implement them in your business. Probation & Onboarding – Helping clients manage probation periods effectively and set new hires up for success. Redundancy & Restructuring – Providing guidance through challenging workforce changes. Everyday Queries – Whether it’s questions on annual leave entitlements, sick pay, or flexible working, no query is too small. What Do Clients Typically Contact Us For? Clients contact us when they: Need a second opinion or a clear interpretation of employment legislation. Are unsure how to approach a difficult conversation or situation. Want to ensure their HR practices are fair, consistent, and legally compliant. Are looking to reduce HR risk while improving employee engagement and culture. Have already worked out an approach and just want quick validation or a sounding board before taking action. Simply want quick, professional HR advice on tap. Why Is HR Advice Important? Irish employment legislation is constantly evolving - with updates to minimum wage, statutory sick pay entitlements, and gender pay gap reporting introduced so far this year – and it’s only April! Business owners are expected to keep up with these changes, ensure compliance, and handle any workplace issues appropriately. Getting it wrong can be costly. A poorly handled disciplinary, a missing contract, or a misstep during a redundancy process can result in: WRC (Workplace Relations Commission) complaints Penalties or fines Damaged reputation Low staff morale or high turnover HR advice ensures you don’t fall into these traps. Instead, it gives you the confidence to act decisively and fairly - whether you’re growing your team or managing a tough issue. How Do I Know If I Need HR Advice? Here are some of the most common signs that your business needs HR support: 1. You're Hiring or Growing Your Team Bringing on employees is a big step for any business. It’s important to have compliant employment contracts, solid onboarding processes, and clear expectations. If you're unsure where to start or want to do things right from the get-go, expert HR advice can set you up for success. 2. You Don’t Have Written HR Policies All employers should have clear policies in place such as an employee handbook, disciplinary procedure, grievance policy, absence management, and remote working guidelines. If you don’t have these in writing (or haven’t updated them in years), it’s time to get professional help. 3. You're Dealing with a Staff Issue If you're facing challenges like persistent absenteeism, underperformance, or conflict between employees, it can be difficult to know how to handle it correctly. HR consultants can guide you through fair processes, help you document everything, and reduce your legal risk. 4. You Want to Avoid a WRC Complaint If you’ve had a close call - or just want to make sure you're doing everything by the book - getting HR advice is a proactive way to protect your business and reduce the chance of ending up in front of the WRC. Not all HR support is created equal however, so it’s important to work with a provider who delivers straightforward, practical advice tailored to your business size and sector. The best HR Advice providers take a proactive (not just reactive) approach, providing practical tools like compliant templates, letters, and policies, along with training or coaching for managers when needed. Depending on your needs and budget, there are several ways to access HR support. One-off HR advice is ideal if you're dealing with a specific issue, such as a staff dispute or restructure, and need expert guidance. An HR health check or audit is a smart starting point if you're unsure about compliance, offering a full review of your contracts, policies, and procedures with a clear action plan. For ongoing peace of mind, many businesses opt for outsourced HR support, giving them access to expert advice without the cost of hiring in-house. Retained HR consultancy offers regular, tailored support for businesses that are growing or managing complex employee relations on an ongoing basis. How to Get Started Start by assessing your current situation. Do you need help with a one-off issue, like a disciplinary meeting? Or are you looking for ongoing HR support for your business? Make a list of your concerns: lack of policies, recruitment headaches, managing performance, or dealing with absence or sick leave. The more clarity you have, the more focused your consultant’s advice can be. Ready to Take the Headache Out of HR? As we have identified, getting HR advice isn’t just about avoiding fines - it’s about creating a better place to work, retaining great talent, and freeing you up to focus on growing your business. At MSS – The HR People, we offer expert HR support for employers that’s clear, compliant, and commercial. From one-off consultations to fully outsourced solutions, we’re here to help you get HR right. Ready to get started or just want to have a quick chat about your HR challenges? Contact us today to arrange a free discovery call. Whether you’re an SME owner, a manager navigating a tricky staff issue, or an organisation looking to strengthen your HR framework, MSS The HR People is here to help.
More Posts