S.L. 452.172 Art. 6Right to information.

(1) Workers shall have the right to request and receive information in writing, in accordance with sub-regulations (2) and (3), on their individual pay level and the average levels broken down by sex, for categories of workers performing the same work as them or work of equal value to theirs:

Provided that when requests for information in accordance with sub-regulation (1) are made in the year 2026, the information to be provided shall only relate to pay relative to the year 2026.

(2) Upon receipt of a request made in accordance with sub-regulation (1), the employer shall provide the requested information to the worker in writing within eight (8) days.

(3) Where the employer fails to provide the information within the time frame stipulated in sub-regulation (2):

(a) in such case where an employees’ representative is appointed, such representative may, within twelve (12) days from the expiry of the period referred to in sub-regulation (2), submit a request for the same information on behalf of the worker, provided that, where a worker chooses to be represented by a trade union, such trade union shall be deemed to constitute the employees’ representative for the purposes of this sub-regulation and may act on behalf of the worker accordingly;

(b) if the employer fails to respond to a request within the stipulated time frames in sub-regulations (2) and 3(a) in cases where an employees’ representative is appointed, or a trade union where the worker has chosen it to act on their behalf, the worker may request and receive the information through the Equality Body upon a request to such effect being made by the worker and, or an employees’ representative.

(4) If the information received is inaccurate or incomplete, workers shall have the right to request, personally or through their employees’ representatives or through the chosen union, additional and reasonable clarifications and details regarding any of the data provided and to receive a substantiated reply.

(5) If the information is not provided to a worker, or is otherwise inaccurate or incomplete, either directly, through the employees’ representative, or through the Equality Body, within forty-five (45) days from the date on which the request is first made by the worker, such failure shall be considered to be an offence against the Act and the Director may initiate proceedings against the employer in accordance with the Act.

(6) Employers shall inform all workers, on an annual basis, of their right to receive the information referred to in sub-regulation

(1) and of the steps that the worker is to undertake to exercise that right.

(7) Workers shall not be prevented from disclosing their pay to the relevant authorities or to the employees’ representatives or the chosen union for the purpose of the enforcement of this regulation.

(8) Notwithstanding anything contained in any other law, an employer shall be required to retain any information or data in this regard for a period of not less than five (5) years.

(9) Employers may require workers who have obtained information in accordance with this regulation, other than information concerning their own pay or pay level, not to use that information for any purpose other than to exercise their right to equal pay.