ABSTRACT

The Equality Act 2004 amends the definition of ‘contract of employment’ and ‘employee’. The effect is to include self-employed persons within the scope of the Act.

In Sweeney v McHale Ltd (Dec-E-2003/050), the complainant had forwarded his CV to a recruitment agency in response to an advertisement for vacancies for saw mill workers. He was later informed that the respondent rejected his application and had remarked to the effect that the complainant was one of the Sweeneys from Sligo and was not acceptable for work with the sawmill. The Equality Officer accepted the complainant’s argument that his application was rejected because of his membership of the traveller community and awarded him A3,000 compensation.