Background:
The Complainant, employed as a Junior Buyer, alleged gender discrimination and penalisation due to her pregnancy. After informing her employer of her pregnancy, she was placed on layoff, received inadequate communication, and faced threats of redundancy. Her maternity benefit forms were delayed, causing her financial difficulties. The Complainant continued working until abruptly laid off in February 2023, without further updates. Despite her efforts, she struggled to get her maternity benefits processed and had to rely on lower Jobseeker’s Allowance, which affected her financially. Following the birth of her child, she experienced further stress and health issues, exacerbating her already strained situation.

The Respondent did not attend the WRC hearing scheduled for June 2024, despite being informed of the details and procedure for postponement in a letter dated April 2024. The WRC attempted to contact the Respondent by phone, allowing a 30-minute grace period, but received no response. The WRC concluded that the Respondent was duly notified and chose not to attend.

Finding:
The Adjudicating Officer found that the Complainant was discriminated against based on gender due to her pregnancy. The Complainant, who was laid off while pregnant, was denied information, faced threats of redundancy, and had her maternity benefit forms delayed by the employer. They determined that these actions breached the Employment Equality Acts 1998-2015. However, the claims of harassment and victimisation were not supported by sufficient evidence and were thus rejected. Considering EU law principles and the extent of the discrimination, the Officer awarded the complainant €51,000, reflecting approximately 18 months of pay, to act as compensation and deterrence for future discrimination.

Practical Guidance for Employers:

Employers should note:

• Employment Equality Acts 1998-2015:
  These acts protect against discrimination on various grounds, including gender, which explicitly covers pregnancy and maternity-related discrimination. Employers must ensure pregnant employees are not treated less favourably and that their rights are upheld during pregnancy, maternity leave, and return to work.
• Maternity Protection Acts 1994 and 2004:
  These acts provide the statutory framework for maternity leave entitlements, rights during maternity leave, and protection from dismissal during pregnancy or maternity leave. They outline obligations for employers regarding maternity leave duration, pay (if applicable), and return-to-work rights.
• Safety, Health and Welfare at Work (Pregnant Employees) Regulations 2007:
  These regulations address the specific health and safety considerations for pregnant employees, those who have recently given birth, or those who are breastfeeding. Employers must conduct risk assessments and ensure a safe working environment for such employees.

These laws collectively establish the legal protections and obligations for employers and employees in relation to pregnancy, maternity leave, and related rights.

The full case can be found here:
https://www.workplacerelations.ie/en/cases/2024/september/adj-00047680.html