The complainant was pregnant when she commenced employment with the respondent as a homeworking beautician. There were conflicts of evidence on whether the complainant fulfilled appointments, was genuinely on sick leave during the protected period, particularly in relation to an allegation that she was seeing clients when supposed to be sick leave, and whether there were altercations with members of her family visiting the workplace.

The complainant had received a number of warnings but the respondent had delayed a final written warning until after the baby was born and this was accompanied by a letter of dismissal.

As in other protected period cases, the Tribunal emphasised that it is only in exceptional circumstances that dismissal during the protected period will not amount to direct gender discrimination. Having broadly accepted the complainant’s version of events, the Tribunal decided that the burden of proof had shifted to the respondent. Given that they had failed to give the complainant an opportunity to improve before dismissing her, the Tribunal concluded that this was a discriminatory dismissal and awarded the complainant €7,000.

http://www.equalitytribunal.ie/Database-of-Decisions/2012/Employment-Equality-Decisions/DEC-E2012-092-Full-Case-Report.html