The Workplace Relations Commission found that an HSE qualification requirement indirectly discriminated against long-serving worker Daniel Cummins and awarded him €1,000 compensation. The decision was dated 8 May 2024.
Cummins had worked part time as a General Assistant for more than 22 years. When two permanent posts were advertised, applicants needed an HCCA Level 5 qualification. Cummins argued that the requirement disadvantaged older staff and failed to recognise his experience. The HSE said his business degree was not equivalent to the required qualification.
The adjudicator found that the recruitment process appeared to screen Cummins out automatically because he lacked the qualification. The WRC said the rigid requirement could indirectly discriminate on age and other grounds, and found that the HSE had not rebutted the complaint. It also directed the HSE, at central HR level, and relevant unions to consider how prior learning and work experience are assessed for General Assistant roles.