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Company policy creating unfair treatment

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  • 21-07-2014 12:33pm
    #1
    Doom
    Banned (with Prison Access) Posts: 2,381 ✭✭✭


    If a company has a policy and at some stage this policy clearly treats a person unfairly in comparison to all other employees.... is that policy still sound/ enforceable?


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    #2
    Mrs OBumble
    Registered Users Posts: 25,968 ✭✭✭✭Mrs OBumble


    It depends on what you mean by unfair.

    If it could be seen as not treating them with dignity, then it could be a health and safety issue.

    If the difference is due to the 9 factors you're not allowed to discriminate based on, then no, it's not allowed.

    But if it's just that the policy is that junior managers don't get overtime, but operative staff do (for example) and that means that the managers end up with effectively a lower hourly rate .. then that's not a problem.


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    #3
    Nody
    Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,316 CMod ✭✭✭✭Nody


    Depends on how it's formed; for example if the policy is "Anyone employed before 2010 gets this and everyone after don't" it's most likely ok. If the policy is "Workers in building A gets this but not workers in this other building" it's most likely ok as well but if it goes "Men only get to have smoke breaks" there's an obvious issue.


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    #4
    _Brian
    Registered Users Posts: 18,571 ✭✭✭✭_Brian


    Doom wrote: »
    If a company has a policy and at some stage this policy clearly treats a person unfairly in comparison to all other employees.... is that policy still sound/ enforceable?

    Your query needs more detail regarding what exactly is unfair.. Often people perceive something unfair when in fact its just fine..


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    #5
    Bandana boy
    Registered Users Posts: 4,330 ✭✭✭Bandana boy


    If it singles out that employee specifically then maybe

    If its the same policy for everybody but due to circumstance being different the result being a bigger/negative impact on that employee I do not think that could be considered unfair.Unless you could prove it was designed for that purpose.


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