Ms Gwendolen Morgan:

I thank the Senator for the question. He asked whether we have a rights-based system - we do. Equality is fundamental to the employment relationship and is bedded into that relationship at a number of levels. Obviously, the Employment Equality Act is the starting point, where there is protection from direct discrimination on the grounds of disability compared to somebody who is not disabled or who has a different disability, or from indirect discrimination where a policy that is apparently neutral has a disproportionately negative effect on disabled people or a particular disabled person.

There is also the duty to make reasonable accommodations. That duty is UNCRPD based. It has flourished since the Nano Nagle decision in the Supreme Court in 2019. We had that at Luxembourg level, but the 2019 decision was the first time the Supreme Court really engaged with what that meant. It applied the social model of disability where we look at levelling the playing field and applying the duty to make reasonable accommodations in a meaningful way. This also involves engaging with people in a common-sense way to ascertain what ways an employer can modify a job description, or provide flexible hours or occasional working from home. Those kind of adjustments are not major but can allow somebody to flourish in the workplace.

There is protection at the recruitment and dismissal stage from being treated less favourably on grounds of disability, or being victimised for raising a complaint or helping somebody to raise a complaint. There is also a positive action component and equal pay that are not used so often. I am happy to expand on that but I do not want to eat into others' time.