Complainant

Respondent

Parties

Kiara  Byrne

Flutter Entertainment PLC

Representatives

In person.

Katie Nugent, The HR Suite

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000

CA-00070255-001

25/03/2025

The complainant was employed by the respondent from 23rd August 2023 until 14th July 2025.

This complaint was received by the Workplace Relations Commission on 25th March 2025.

At the time of submitting her complaint (25th March 2025) the Complainant contends that she was unwell and that is the reason why she has not replied to any of the letters sent to her by the Workplace Relations Commission.

PRELIMINARY ISSUES REGARDNIG CLAIM CA-00070255

Please note that the correct legal name of the Respondent is Flutter Entertainment PLC and we request that this be corrected in the decision when issued.

Complaint under the Equal Status Acts.

As a preliminary matter, it is noted that the within complaint form submitted to the WRC the complaint has been instituted pursuant to the Equal Status Acts 2000–2018. The Respondent respectfully submits that, having regard to the substance of the allegations and the factual matrix outlined in the Complaint Form, the claim appears to concern matters arising from an employment relationship. Accordingly, such matters properly fall within the ambit of the Employment Equality Acts 1998–2015, rather than the Equal Status Acts.

Complainant’s Recollection of June 2024

The Respondent notes that the alleged incident referenced in the Complainant’s submission that is alleged to have occurred in 2024 is out of time. This complaint was not referred to the Workplace Relations Commission until the 25th of March 2025. Accordingly, this allegation falls outside the statutory six-month time limit prescribed under the relevant legislation.

In the absence of any application for, or basis to justify, an extension of time on the grounds of reasonable cause, the Respondent submits that this alleged incident is statute-barred and therefore not properly before the Adjudication Officer. The Respondent further submits that it is not relevant for the purposes of determining the complaint.

The complaint was received by the Workplace Relations Commission on 25th March 2025. This single complaint was submitted under Section 21 of the Equal Status Act, 2000.

On 02nd April 2005 the Workplace Relations Commission wrote to the complainant, part of this letter read as follows:

The complaint application has undergone validation checks and the following issues have arisen.  The complaint cannot be further processed until these issues have been addressed/ clarified in writing. Your original complaint and any associated documentation are attached.

Clarification is sought regarding specific complaint CA-00070255-001 whether this complaint is an Equal Status or Employment Equality complaint.

• Discrimination at work is covered by the Employment Equality Acts. If you are an employee, or are trying to get a job, and you feel you are discriminated against unlawfully, on any of the prohibited grounds, you can make a claim under these Acts. The legislation covers all aspects of work including recruitment and promotion, the right to equal pay, conditions of employment, training and/or experience.

• Discrimination outside the workplace is covered by the Equal Status Acts. The legislation mainly covers access to goods and services. If you are trying to access goods or services and you feel you are discriminated against unlawfully on any of the prohibited grounds, you can make a claim under these Acts. It includes access to facilities for banking, entertainment, cultural activities or transport, professional or trade services, health services, access to education and accommodation (including HAP). It does not apply to access to a licensed premises.

Please clarify under which legislation you wish to pursue your complaint and if you wish to withdraw the current specific complaint CA-00070255 please confirm in writing.

The complainant did not respond to this letter.

On 23rd April 2025 the Workplace Relations Commission wrote again to the complainant. Part of this second letter read as follows:

Further to our previous correspondence dated 02/04/2025 the Workplace Relations Commission are yet to receive a response regarding the following:

Clarification is sought regarding specific complaint CA-00070255-001 whether this complaint is an Equal Status or Employment Equality complaint.

•             Discrimination at work is covered by the Employment Equality Acts. If you are an employee, or are trying to get a job, and you feel you are discriminated against unlawfully, on any of the prohibited grounds, you can make a claim under these Acts. The legislation covers all aspects of work including recruitment and promotion, the right to equal pay, conditions of employment, training and/or experience.

•             Discrimination outside the workplace is covered by the Equal Status Acts. The legislation mainly covers access to goods and services. If you are trying to access goods or services and you feel you are discriminated against unlawfully on any of the prohibited grounds, you can make a claim under these Acts. It includes access to facilities for banking, entertainment, cultural activities or transport, professional or trade services, health services, access to education and accommodation (including HAP). It does not apply to access to a licensed premises.

If you wish to proceed with the presentation of your complaint application, please complete the details as noted above, and return to this office either by email to:  Submissions@workplacerelations.ie or by post to the address below.  Please ensure your CA Reference Number above is clearly indicated on all correspondence.

Again, the complainant failed to reply to this letter.

The complaint remained as submitted i.e. under Section 21 of the Equal Status Act, 2000.

Section 21 of the Equal Status Act 2000 reads as follows:

21. (1) A person who claims that prohibited conduct has been directed against him or her may, subject to this section, seek redress by referring the case to the Director.

(2) Before seeking redress under this section the complainant –

a)      Shall, within 2 months after the prohibited conduct is alleged to have occurred, or, where more than one incident of prohibited conduct is alleged to have occurred, within 2 months after the last such occurrence notify the respondent in writing of:

(i)                  The nature of the allegation

(ii)                The complainant’s intention, if not satisfied with the respondent’s response to the allegation, to seek redress by referring the case to the Director.

and

b)      may in that notification, with a view to assisting the complainant in deciding whether to refer the case to the Director, question the respondent in writing so as to obtain material information and the respondent may, if the respondent so wishes, reply to any such questions.

In the instant complaint the complainant failed to notify the respondent that they were considering taking a complaint to the Workplace Relations Commission.

On the preliminary issue the complaint fails, the complainant has failed to notify the respondent of her intention to make a complaint. The complaint as presented is not well-found.

Equal Status Act, 2000.