Background:

The Complainant began working for the Respondent in April 2022 as a Brand Manager/Digital Marketing Executive earning €35,000 annually. Reporting directly to CEO, she lacked a formal employment contract. After announcing her pregnancy in early August 2022, she alleged discriminatory treatment by the CEO, including unreasonable demands to work during protected leave, exclusion from meetings, withholding information, and verbal abuse. She commenced maternity leave in November 2022, gave birth on November 28, and was due to return mid-May 2023. During leave, she lodged written complaints in March and April 2023, which were not investigated. Dissatisfied with the lack of response, she resigned on June 26, 2023, citing the Respondent's inaction as her reason. Additionally, she alleged pay discrimination, noting her maternity leave replacement, a male employee, was given a higher salary and more favourable terms despite performing the same role.

The Respondent did not attend the hearing nor was there any representation on their behalf. Additionally, the Respondent failed to submit written responses addressing the allegations raised by the Complainant in her pre-hearing submissions.

Finding:

The Adjudicating Officer found that the Respondent discriminated against the Complainant on grounds of pregnancy and maternity, in violation of Sections 6 and 8 of the Employment Equality Acts 1998-2021. The finding was based on uncontroverted evidence that the Complainant was subjected to adverse treatment following her pregnancy announcement in August 2022. This included unreasonable demands to work during her maternity leave, exclusion from meetings, unjust criticism, and hostility from the Respondent’s CEO, who ignored or yelled at her. The Adjudicating Officer also noted that despite the Complainant’s detailed written grievances in March and April 2023, which explicitly linked the treatment to her pregnancy, the Respondent failed to investigate or respond adequately. The lack of action left the Complainant feeling unsafe to return to work post-maternity leave, ultimately forcing her resignation.

The Officer found that these actions amounted to a breach of the Complainant’s statutory rights and concluded that the discriminatory treatment caused her significant distress, undermined her confidence, and interfered with her enjoyment of early motherhood. The Respondent’s refusal to engage with the proceedings or provide rebuttal evidence further supported the findings of discrimination. As redress, the Adjudicating Officer awarded the Complainant €35,000 in non-remuneration-based compensation for the distress, upset, and inconvenience suffered due to the Respondent's discriminatory conduct.

Practical Guidance for Employers:

Employers must ensure compliance with equality and maternity protection laws to prevent discriminatory treatment related to pregnancy or maternity leave. Policies should explicitly prohibit adverse treatment, including undue demands during protected leave, exclusion from workplace activities, or unwarranted criticism. Complaints must be addressed promptly through fair and transparent grievance procedures, with clear communication and impartial investigation. Employees should feel supported during and after maternity leave, with equitable treatment in pay and work conditions. Failure to uphold these standards can result in legal liabilities, financial penalties, and reputational damage, emphasising the importance of fostering an inclusive, respectful workplace environment.

The full case can be found here:
https://www.workplacerelations.ie/en/cases/2024/november/adj-00046320.html