Employment Equality Act 1998

Consequences of failure to supply information etc.

81

81.If, in the course of proceedings on a reference under section 77(3) or of an investigation under section 79 , it appears to the Circuit Court F137 [ or the F138 [ Director General of the Workplace Relations Commission ] ] as the case may be—

( a) that the respondent failed to supply information which the complainant sought by questions under section 76 and which was in the respondent’s possession or power, or

( b) that the information supplied by the respondent in response to any such question was false or misleading or was otherwise not such as the complainant might reasonably have required in order to make the decision referred to in section 76(1) ,

the Circuit Court F137 [ or the F138 [ Director General of the Workplace Relations Commission ] ] (as the case may require) may draw such inferences as seem appropriate from the failure to supply the information or, as the case may be, for the supply of information as mentioned in paragraph (b).

Annotations

Amendments:

F137

Substituted (18.07.2004) by Equality Act 2004 (24/2004), s. 46 and sch. para. 15, commenced on enactment.

F138

Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 83(1)(c)(ii), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).

Modifications (not altering text):

C31

Application of section extended with modifications by Pensions Act 1990 (25/1990), s. 81J and sch. 4, as inserted (5.04.2004) by Social Welfare (Miscellaneous Provisions) Act 2004 (9/2004), s. 22, S.I. No. 141 of 2004, as amended (18.07.2004) by Equality Act 2004 24/2004), s. 66(3)(e), commenced on enactment.

Application of Employment Equality Act 1998.

81J.—(1) In this section ‘the Act of 1998’ means the Employment Equality Act 1998.

(2) Sections 74, [76, 77A], 78 to 81, 83 to 85 and 86 to 104 of the Act of 1998 shall, where appropriate, apply in relation to this Part as they apply in relation to that Act but with the following modifications.

(3) Those modifications are that for the words set out in column (3) of the Fourth Schedule at a particular reference number, being words appearing in a section or sections of the Act of 1998 specified in column (2) of that Schedule at that reference number, there shall be substituted in the place or, as the case may be, each place where those words occur in that section or sections the words set out in column (4) of that Schedule at that reference number.