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Form 36E - Notice Of Motion In The Matter Of S. 91 Employment Equality Acts 1998 And 2004

Form 36E is a formal Notice of Motion used within the courts system in Ireland. It specifically relates to matters covered under Section 91 of the Employment Equality Acts (both the 1998 and 2004 versions). You use this form to formally notify the court about an action you wish to take regarding employment equality.

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Form Overview

Form 36E - Notice Of Motion In The Matter Of S. 91 Employment Equality Acts 1998 And 2004

Form 36E is a formal Notice of Motion used within the courts system in Ireland. It specifically relates to matters covered under Section 91 of the Employment Equality Acts (both the 1998 and 2004 versions). You use this form to formally notify the court about an action you wish to take regarding employment equality.

The form captures details about the specific case and motion you are bringing forward. It outlines the nature of the alleged breach of the Employment Equality Acts.

Risk Radar

  • Double-check that the case relates specifically to S. 91 of the Employment Equality Acts.
  • Failing to specify which Act (1998 or 2004) applies.
  • Incorrectly identifying the presiding court.
  • Omitting details of the discriminatory act itself.
  • Not having the required signature/date on Form 36E.

Plain English

Think of this as officially telling the Irish court, 'We are starting a case about unfair treatment at work.' This notice flags that your issue falls under specific rules protecting employees from discrimination. It kicks off the formal legal process in the courts.

Submission Date

  • There is no universal deadline listed here; however, you must file it promptly after deciding to take legal action regarding the employment issue.
  • Preparation window: collect IDs, supporting records, and signatures in advance.
  • Final review: verify names, dates, and required fields before submission.

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Glossary Terms

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What this form is for

  • You need to formally tell the court you are taking action regarding employment equality.
  • Use this when your case falls specifically under Section 91 of the Employment Equality Acts (1998 or 2004).
  • This is for initiating a specific procedural step, not just filing a general complaint.
  • It notifies the court about the motion you intend to bring forward.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
General Civil DisputeForm 36A (or similar)If your issue isn't specifically Section 91 equality matterCheck if your case is definitively under S. 91.
Seeking Interim Relief OnlyForm 36B (Not confirmed in official source)If you only need a temporary court order before the main hearingConfirm with the Court Office.
General Claim SubmissionForm 40A (or similar)If you are filing the full claim package, but this is the notice of actionEnsure your motion aligns perfectly with the claim.

Deadline or filing window

There is no universal deadline listed here; however, you must file it promptly after deciding to take legal action regarding the employment issue.

Before you submit

  • Ensure all parties involved are correctly named in the document.
  • Verify that the motion you are notifying the court about directly relates to S. 91 of the Acts.
  • Fill in all dates clearly (e.g., date of incident, date of filing).
  • Sign and date the form where indicated by the Courts Service.
  • Attach any necessary supporting evidence or affidavits.

How to file this form

  1. 1Complete Form 36E thoroughly using clear, simple language.
  2. 2Sign and date the document in the designated area(s).
  3. 3Make copies for yourself and all other involved parties.
  4. 4Submit the original form to the relevant County/District Court office.
  5. 5If filing electronically via a portal, follow the Courts Service upload instructions precisely.

Known limitations

  • This form alone does not guarantee success; it only notifies the court of your intent.
  • The specific section of S. 91 being invoked must be clearly identified on the form.
  • Not confirmed in official source: The required accompanying documentation may vary based on the type of motion.
  • It is a notice, not the full pleading; you will likely file other documents too.

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Current Form Status

This is the standard Notice of Motion used for employment equality cases under Irish law. It remains a key document within the Courts Service system.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Check if there have been recent amendments to the S. 91 provisions themselves.
  • Verify the current date and year printed on the form matches today's date.
  • Confirm the specific court jurisdiction (e.g., Circuit Court, High Court) listed is correct for your case.
  • Review any changes to required attachments or supporting documentation.

Quick Facts

An individual employee or an employer (or their representative) needs to file this form. Anyone involved in a dispute concerning employment equality can use it.
The form captures details about the specific case and motion you are bringing forward. It outlines the nature of the alleged breach of the Employment Equality Acts.
You submit this when you decide to formally initiate proceedings regarding an employment equality issue. The timing depends on when the discriminatory event occurred or when you wish to bring it before the court.
This form must be submitted to the relevant Irish Court, likely through a designated online portal or by posting it directly to the Courts Service of Ireland.
Submitting this correctly ensures the court knows exactly what is happening. Errors can cause delays or mean your case is filed in the wrong area.
First, fill in all personal and company details accurately. Next, clearly state the specific motion you are making regarding the employment issue. Finally, ensure you sign and date the form before submitting it to the Courts Service of Ireland.

Form Details

Agency
Courts Service of Ireland
Revision Date
19/02/26

Form 36E - Notice Of Motion In The Matter Of S. 91 Employment Equality Acts 1998 And 2004

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After you file

  • Keep a stamped copy of Form 36E for your records.
  • Track when the court acknowledges receipt of your filing.
  • Ensure all opposing parties receive their official copy promptly.
  • Monitor the court calendar to see when the motion hearing is set.
  • Check if any further documentation is requested by the Court office.

Source and verification log

  • Issued by: Courts Service of Ireland (COURTS)
  • Relates to: Section 91 Employment Equality Acts, 1998 & 2004
  • Purpose: Formal Notice of Motion
  • Not confirmed in official source: Specific Court Rule citation linked to this form.

Common confusion points

4 things to watch for

  • 1

    Confusing 'Motion' with 'Claim': A Motion is the action you want; a Claim is the full legal argument.

  • 2

    Not knowing which specific S. 91 subsection applies to your situation.

  • 3

    Believing that filing this form automatically starts the case; other steps are usually required.

  • 4

    Using outdated names for parties or businesses.

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