RESTRICTION ON USE OF NDAS IN EMPLOYMENT EQUALITY CLAIMS NOW LAW
The Maternity Protection, Employment Equality and Preservation of Certain Records Act 2024 came into operation on 20 November 2024.
From an employer's perspective, the two most important changes that will be introduced by the Act are that it:
- allows for the postponement of maternity leave in the event of a serious health condition; and
- amends the Employment Equality Acts to provide for a restriction on the use of non-disclosure agreements in respect of allegations of discrimination, victimisation, harassment and sexual harassment, whereby such agreements will be null and void, unless certain conditions are met.
Links to our updates, which set out some of the main provisions of the Act, are here and here.
UPDATED CODE OF PRACTICE ON EMPLOYMENT STATUS NOW PUBLISHED
The updated Code of Practice on Determining Employment Status (the "Code") has been published, after a review conducted by an interdepartmental group comprising the Department of Social Protection, the office of the Revenue Commissioners and the Workplace Relations Commission ("WRC") to reflect the 2023 judgment of the Supreme Court in The Revenue Commissioners v Karshan (Midlands) LTD t/a Domino's Pizza. For a detailed analysis of the Code, see our briefing here.
This Code is in addition to the Revenue Guidelines for Determining Employment Status for Taxation Purposes which was published by the Revenue Commissioners earlier this year. For a detailed analysis of that guidance, see our briefing here.
This article contains a general summary of developments and is not a complete or definitive statement of the law. Specific legal advice should be obtained where appropriate.
