Ms Marguerite Bolger:

We would deeply question whether the test justifying the employer refusing a request for increased hours is an unlawful interference with the constitutional rights of employers. We reference the Article 26 case in relation to the Employment Equality Bill where the test of undue hardship was struck down as unconstitutional. We are not in the habit, as we are a responsible association, of lightly suggesting that there are elements of this Bill which may be unconstitutional but we do it by reference to an actual decision where the Supreme Court struck down as unconstitutional a provision which looks to us very similar to the test of severe financial difficulties, as is currently set out in the Bill.