6. Right to Work & Discrimination
Right to Work and Discrimination
Employers have a duty to prevent illegal working in Ireland UK by carrying out document checks on people before employing them to confirm they have a right to work here.
If an employer only carries them out on people who they believe are not Irish Citizens, for example, on the basis of the colour of their skin, or ethnic or national origins, they could find themselves accused of discrimination, and it could be used as evidence against them.
Anyone who believes that they have been discriminated against, either directly or indirectly, by an employer, a prospective employer or an employment agency, because of their race may bring a complaint before the Workplace Relation Commission. If the complaint is upheld, a form of compensation may be considered. This is why we recommend that you carry out document checks on ALL prospective workers.
Carrying out these checks will also provide you with a statutory defence and protect you from liability for a penalty if the person in question is an illegal worker.
It is important to remember that the population of the Ireland is ethnically diverse. Many people from ethnic minorities in this country are Irish Citizens, and many non-Irish Citizens from the EU are entitled to work here. You must not therefore assume that someone from an ethnic minority is an immigrant, or that someone born abroad or who speaks with a particular accent is not allowed to work in the Ireland.
If an employer only carries them out on people who they believe are not Irish Citizens, for example, on the basis of the colour of their skin, or ethnic or national origins, they could find themselves accused of discrimination, and it could be used as evidence against them.
Anyone who believes that they have been discriminated against, either directly or indirectly, by an employer, a prospective employer or an employment agency, because of their race may bring a complaint before the Workplace Relation Commission. If the complaint is upheld, a form of compensation may be considered. This is why we recommend that you carry out document checks on ALL prospective workers.
Carrying out these checks will also provide you with a statutory defence and protect you from liability for a penalty if the person in question is an illegal worker.
It is important to remember that the population of the Ireland is ethnically diverse. Many people from ethnic minorities in this country are Irish Citizens, and many non-Irish Citizens from the EU are entitled to work here. You must not therefore assume that someone from an ethnic minority is an immigrant, or that someone born abroad or who speaks with a particular accent is not allowed to work in the Ireland.