
The Bar of Ireland
Orchard Way, Killarney V93Y9W9.
DX: 51010 Killarney
Tel: (087) 4361270
Patrick's legal education is robust, beginning with a BCL Law Degree from University College Cork (2012-2016), followed by an LL.M in Business Law from the same institution (2016-2017), and culminating in a Barrister-at-Law Degree from The Honorable Society of King’s Inns in Dublin (2019-2021). He has extensive experience on the South-West Circuit, handling Civil, Family, and Criminal Law cases, as well as advising the Citizen Advice Service. He has worked as an employment consultant, dealing with workplace investigations and bankruptcy procedures.
Background:
The Complainant a yard worker, alleged discrimination and victimisation by her employer after disclosing her pregnancy. Initially, her pregnancy announcement was met with a “bland” response from management, and shortly after, she observed a shift in their attitude. She expressed concerns over her job security, noting her supervisor's comments suggesting she would “finish sooner rather than later.” Although willing to continue with reduced duties and administrative tasks, the employer limited her hours significantly. In October, the employer communicated via WhatsApp, citing health and safety reasons to end her employment due to a lack of alternative roles. The Complainant also noted two job advertisements from her employer shortly after her pregnancy announcement, raising concerns about her potential replacement. Despite proposing flexible work hours, her requests were largely unacknowledged. She ultimately went on health and safety leave due to limited hours, ongoing stress, and feeling unwanted. The Complainant’s representative argued that the employer's failure to explore alternative duties demonstrated discriminatory treatment on the grounds of pregnancy, as per Section 6(2A) of the Employment Equality Act.
The Respondents contended that the Complainant was not terminated but was offered modified work due to pregnancy-related health and safety concerns. Following her pregnancy disclosure, Ms. Roche Flinter consulted the insurance company and issued a risk assessment, advising lighter duties. Although the Complainant preferred full hours, the Respondents limited her schedule to short shifts for health and safety reasons. The Complainant declined this offer and ultimately opted for health and safety leave. Ms. Roche Flinter explained that administrative work was minimal and primarily done offsite. While some administrative assistance was given to the Complainant, other duties were infeasible without Garda vetting. She maintained that their relationship had not changed post-pregnancy disclosure and that the Complainant could return if desired. During cross-examination, Ms. Roche Flinter acknowledged ambiguities in communications, specifically the “end of employment” message, but insisted it was temporary and tied to health and safety considerations. The Respondents argued they acted reasonably, prioritising the Complainant’s safety as mandated under the Maternity Protection Act 1994 and relevant health and safety guidelines. They refuted any claim of discrimination or victimisation based on the Complainant's pregnancy.
Finding:
The Adjudicating Officer found that the Complainant was discriminated against based on gender following her pregnancy announcement, resulting in treatment that suggested her employment was ending for health and safety reasons. Although the Respondents argued this was only temporary, messages they sent were unclear about her return, causing the Complainant to reasonably believe her employment was terminated. The burden of proof then shifted to the Respondents, who failed to show the treatment was unrelated to her pregnancy. However, the Officer acknowledged the Respondents’ good-faith efforts to provide alternative work hours.
The Complainant’s claim of victimisation was dismissed, as she had not taken any action considered a “protected act” under the Employment Equality Act prior to her claim of discrimination. Ultimately, the Officer awarded the Complainant €17,500 in compensation for the discrimination she experienced, with no basis found for victimisation.
Practical Guidance for Employers:
Employers should consider:
- Clear Communication: Ensure all communications with pregnant employees, especially regarding job security, are unambiguous to avoid misinterpretation.
- Risk Assessments: Perform risk assessments promptly and clearly document alternative roles or modified duties offered in response to pregnancy disclosures.
- Explore Alternatives: Before reducing hours or terminating duties, explore all feasible alternative roles or flexible arrangements to support pregnant employees, aligning with statutory obligations.
- Maintain Consistency: Avoid sudden changes in attitude or work conditions after pregnancy announcements to prevent perceptions of discrimination.
- Training: Ensure management understands compliance with the Employment Equality Act and Maternity Protection Act, particularly regarding pregnancy-related adjustments.
The full case can be found here:
https://www.workplacerelations.ie/en/cases/2024/october/adj-00048700.html
Continue reading
We help hundreds of people like you understand how the latest changes in employment law impact your business.
Please log in to view the full article.
What you'll get:
- Help understand the ramifications of each important case from NI, GB and Europe
- Ensure your organisation's policies and procedures are fully compliant with NI law
- 24/7 access to all the content in the Legal Island Vault for research case law and HR issues
- Receive free preliminary advice on workplace issues from the employment team
Already a subscriber? Log in now or start a free trial