Sustaining Progress - Department of Taoiseach

10.4 The Government will:
■ implement the three Directives in an integrated manner by way of primary legislation amending
the Employment Equality Act, 1998, and the Equal Status Act, 2000; and
■ publish the legislation by Summer, 2003, with a view to its implementation at the earliest possible
date.
It is intended to ensure that the provisions of the Directives will apply to all nine grounds covered
in the 1998 and 2000 Acts.
Pensions – Equality Legislation
10.5 The drafting of the legislation addressing the equality aspect of occupational pensions will be
progressed in consultation with the Pensions Board in 2003, with a view to enactment in early 2004.
The proposed legislation will provide for the implementation of Council Directives 2000/43/EC (Race
Directive) and 2000/78/EC (Employment Directive). The proposed legislation will provide a general
framework for combating discrimination on such grounds as gender, marital status, family status,
sexual orientation, religion, age, disability, race and the traveller community ground. The Pensions
Act, 1990, already prohibits discrimination between men and women.
Implementation of EU Teleworking Agreement
10.6 The existing Code of Practice between employers and trade unions will be updated by them within
three months of ratification of the Pay Agreement to reflect the provisions of the EU Teleworking
Agreement. The Code provides valuable guidance on key issues that need to be addressed in
introducing an e-working policy in firms and organisations, e.g. identification of jobs suitable for
e-working and e-worker identification, practical considerations such as home office, method of
communications, reporting arrangements and health and safety. The Code also provides a useful
overview of the legislation affecting employees’ rights and employers’ obligations. It is noted that the
implementation of the Teleworking Agreement in Member States will be reviewed at European level.
Transfer of Undertakings Directive 2001/23/EC
10.7 The new consolidated Directive aims to clarify the scope of the earlier 1977 Directive in the light of
the extensive case law developed by the European Court of Justice since the 1977 Directive was
implemented, relating, in particular, to the safeguarding of employees’ rights in the event of transfers
of undertakings, businesses or parts of businesses and the ‘contracting out of services’ by the
employer.
10.8 The Government is committed to transposing the mandatory provisions of the consolidated Directive
by means of Regulations, by March 2003. The Government will consult the social partners on the
optional provisions (e.g. pension interests of transferred employees) of the consolidated Directive. The
Government will then consider what requires to be implemented by way of primary legislation.
Part 2 Pay and the Workplace
87