Patricia O’Brien v National Hardware Ltd [2013]
Decision Number:
Published on: 23/06/2016
Article Authors The main content of this article was provided by the following authors.
Bernadette Treanor Founder
Bernadette Treanor Founder
Bernadette treanor

Bernadette Treanor is the founder of Beo Solutions, an employee relations and engagement consultancy which provides best practice expert leadership and impartial organisational support in the areas of employee relations, employee engagement, workplace investigations, disciplinary hearings and mediation. 

An expert in equality law, Bernadette provides Equality reviews and assessments, including assessments of cases being prepared. She is a Committee member of the Employment Law Association of Ireland (ELAI) and CIPD member. She reviews equality Decisions issued by the Equality Tribunal for Legal Island monthly and chairs its annual Equality Conference aimed at equality practitioners.

Background

On 6 January 2011 the complainant applied for a post of graphic designer to cover maternity leave and on 9 January 2011 when she was offered the post she informed the employer that she was pregnant.  The offer of employment was revoked allegedly because of the complainant’s unavailability.  The post was re-offered to the complainant although the complainant asserts that the terms had altered.

The Equality Officer accepted the complainant’s evidence that the offer of employment was withdrawn after the complainant informed the employer that she was pregnant.  He also concluded that the written offer was varied from the original offer because the employer was aware she was pregnant.

The complainant was awarded €6,000 for the discriminatory treatment suffered on the gender ground.

Why is this case of interest?

  • Where an offer of employment is withdrawn, clear records of the contemporaneous reasoning and considerations will be of assistance.

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 23/06/2016