€50,000 WRC Award Highlights Risks of Pregnancy Discrimination and Constructive Discriminatory Dismissal

In this Article, Amy McNicholas, Solicitor and Sarah Biggin, Trainee Solicitor examine a recent decision of the Workplace Relations Commission (the “WRC”) in which an employer was found to have mishandled a maternity leave and subsequent request for part-time work, awarding the Complainant €50,000 in compensation. The decision highlights the heightened legal protections afforded to employees during pregnancy and examines the right to request flexible working arrangements.

Background

The Complainant was employed as an Accounts Administrator with the Respondent from August 2022.

She commenced maternity leave in January 2024, followed by a period of parental leave until September 2024. Ahead of her return to work, she requested a part-time working arrangement due to complications experienced during pregnancy and ongoing childcare responsibilities.

The Respondent declined the request, stating that part-time work could not be facilitated. When the Complainant advised she would be unable to return full-time, the Respondent accepted her resignation by text message.

In January 2025, the Complainant lodged a complaint with the WRC, alleging constructive dismissal and discrimination on the grounds of gender, family status, disability, and victimisation, under Section 77 of the Employment Equality Acts 1998–2015.

The Respondent denied all allegations, maintaining that it had acted lawfully and in good faith.

Employer Failures

In the decision the WRC Adjudication Officer identified several serious failings in the Respondent’s treatment of the Complainant:

• Refusal of Time Off Without Disclosure: The Complainant’s request for time off to attend a medical appointment was initially refused. It was only after disclosing her pregnancy that the request for time off was approved.
• Inconsistent Application of Policy: Despite a clear policy allowing paid time off for ante-natal and post-natal care, appointments were recorded as absences. Where appointments lasted a full day, the Complainant’s bonus was reduced by €20. Other pregnant employees were paid for such absences, indicating discriminatory treatment.
• Failure to Conduct Risk Assessment: The Respondent failed to refer the Complainant to occupational health or conduct a pregnancy-related risk assessment, despite being informed of medical complications. This contravened the Safety, Health and Welfare at Work Act 2005 which requires employers to assess and mitigate risks to pregnant employees.
• Hostile Work Environment: After disclosing her pregnancy, the Complainant described her manager’s behaviour as belittling and sarcastic. She was excluded from social groups, ignored during her hospitalisation, and received no acknowledgment of her baby’s birth. Her brother, also an employee, was handed a box of her personal items while she was in hospital. Management comments included that her pregnancy was “a kick in the teeth” after all they had done for These actions were determined to amount to harassment under Section 14A of the Employment Equality Acts 1998 – 2015.
• Discriminatory Refusal of Flexible Work: The Complainant’s request for part-time work was refused with the comment that “everyone has kids”. The Respondent claimed that part-time work would only be considered for medical reasons. However, evidence showed that other staff, including relatives of the CEO, were granted flexible arrangements. This selective treatment breached the Work Life Balance and Miscellaneous Provisions Act 2023, which provides a statutory right to request flexible working for caring purposes.
• Constructive Discriminatory Dismissal: Rather than engaging with the Complainant’s request, the Respondent accepted her resignation by text. The WRC found that she had no real choice but to resign, and that the employer’s conduct amounted to constructive discriminatory dismissal.

WRC Findings

The Adjudication Officer awarded the Complainant €50,000, finding that:

• A prima facie case of discrimination on the grounds of gender and family status had been established.
• The Respondent failed to provide credible explanations to rebut the presumption of discrimination.
• The Complainant, as a woman on maternity leave, belonged to a category of individuals afforded heightened protection under Irish and EU law.
• The Respondent’s conduct constituted direct discrimination, harassment, and constructive discriminatory dismissal.

This award is significant in both its amount and its message – employers who fail to uphold statutory protections for pregnant employees face serious financial and reputational consequences.

Practical Guidance for Employers

1. Respect Statutory Maternity Rights

• • Provide paid time off for antenatal and postnatal care, including travel time.
  • Do not require employees to disclose pregnancy to access entitlements. While employees are not legally obliged to disclose their pregnancy immediately, certain statutory protections, such as health and safety accommodations and maternity leave, can only be activated once the employer is informed. Employers should foster a supportive environment that encourages early disclosure without pressure. Once notified, the employee should provide a medical certificate confirming the pregnancy to trigger protections under health and safety legislation. For maternity leave, written notice and medical confirmation must be given at least four weeks before the leave begins. Employers should maintain confidentiality, conduct timely risk assessments, and communicate entitlements clearly and supportively.
  • Ensure maternity leave does not affect bonuses, benefits, or promotional opportunities.

2. Conduct Risk Assessments Promptly

• • Upon notification of pregnancy, carry out a workplace risk assessment.
  • Refer to occupational health where complications are disclosed.
  • Document all steps taken to protect the employee’s health and safety.

3. Foster a Respectful and Inclusive Culture

• • Train managers on respectful communication and anti-discrimination obligations.
  • Avoid dismissive or hostile comments about pregnancy or parental leave.
  • Celebrate milestones (e.g., birth announcements) and maintain contact during leave.

4. Handle Flexible Work Requests Fairly

• • Engage meaningfully with requests under the Work Life Balance Act and Miscellaneous Provisions Act 2023.
  • Consider the employee’s needs and the operational impact.
  • Apply policies consistently, avoid favouritism or arbitrary refusals.
  • Provide written reasons for any refusal and explore alternatives.

5. Manage Resignations Professionally

• • Avoid accepting resignations informally (e.g., via text).
  • Offer support and explore accommodations before concluding employment.
  • Confirm resignations in writing and ensure they are voluntary and informed.

6. Apply Policies Transparently

• • Ensure all employees are treated equally under workplace policies.
  • Monitor for indirect discrimination, especially in discretionary decisions.
  • Keep records of how policies are applied to demonstrate consistency.

Conclusion

The WRC’s decision in this case is a powerful reminder of the strong protections afforded to pregnant employees under Irish and EU law. Employers must ensure that their policies, practices, and workplace culture reflect not only legal compliance but also a genuine commitment to equality and inclusion. Failure to do so can result in substantial awards and lasting reputational damage.