The WRC held that Galway University Hospital did not breach maternity rights, as the employee’s two long-day shifts were an informal arrangement, not a contractual entitlement.

The Complainant had worked as a phlebotomist in GUH, initially on a temporary contract and later ranked first for a permanent post. By agreement with the then manager, she had worked two long-day shifts each week until she commenced maternity leave in January 2023. When she contacted management before her scheduled return in May 2024, she was told the two long days were no longer available and that she had to work three short morning shifts instead. She said she had organised childcare for two fixed days only and her childminder could not accommodate three mornings. She viewed the removal of her two long days as a unilateral change to terms on return from maternity leave, contrary to the Maternity Protection Act 1994. Feeling unsupported, she resigned in April 2024 and later saw WhatsApp messages advertising afternoon cover she said mirrored her preferred pattern. The Respondent denied any breach. It said the Complainant moved from nursing to phlebotomy in 2021 and signed an HR102 changing grade and hours to 37 per week. It maintained there was no flexible-working agreement recording two long-day shifts; any such arrangement had been informal with the former manager and never contractual. Her fixed-term contract expired during her leave and was renewed to May 2024 to facilitate her return. In April 2024 management offered options but the Complainant resigned citing childcare. The hospital later offered a pathway back, including permanency from January 2025, but rejected back-pay because she had voluntarily resigned.

The Adjudicating Officer found held that s.26 of the Maternity Protection Act required a return to the same contract (not necessarily the same informal pattern) held immediately before protective leave. The documentary record showed the Complainant was contracted for 20 hours over five days, with roster changes permissible for service need. The two long-day shifts were found to be an informal accommodation agreed with a former manager and never formalised or incorporated into the contract. The Respondent had renewed the fixed-term contract through May 2024, offered 20 hours (three mornings) aligned to service gaps, and proposed temporary measures (annual/parental leave) to approximate two days pending a service review. The Complainant resigned before trialling those options. As the contractual terms pre and post leave were identical, no breach of s.26(c) arose. The complaint was therefore not well-founded and was dismissed.

This decision underscored that maternity return rights attach to contractual terms, not informal patterns. To reduce risk, employers should:           

• Document flexible arrangements. Where you agree non-standard rosters (e.g., two long days), formalise them via a written variation with duration, review dates, and a service-need clause. Absent documentation, the arrangement may be treated as non-contractual.       
  
  
• Plan maternity returns early. At least 8 weeks pre-return, issue a written “return options” note confirming contractual hours, proposed roster, rationale (service needs), and any temporary accommodations. 
  
  
• Evidence engagement. Keep a clear trail of emails/meeting notes recording outreach to the employee and HR’s responsiveness.  
  
  
• Train managers. Ensure line managers know s.26 requirements, the difference between contractual and informal patterns, and escalation routes to HR.  
  
  
• Messaging on vacancies. Coordinate internal notices (e.g., WhatsApp shift requests) so they do not appear to contradict positions taken with returners.  
  
  
• Mediation first. Where disputes arise, propose early, documented mediation and, where feasible, a trial roster with review.

The full case can be found here.