In Lisa McGrath v Net Smart Security Limited (ADJ-00056559)the Workplace Relations Commission (“the WRC”) found that the Complainant was discriminated against by her employer on the grounds of gender and family status. The Adjudicator, Particia Owens, awarded the Complainant €50,000 (almost two years pay) for the Respondent’s breach of section 77 of the Employment Equality Act, 1998.
Facts:
The Complainant commenced employment with the Respondent company in August 2022 as an Accounts Administrator. The Complainant commenced a period of maternity leave in January 2024, followed by a period of parental leave up to the 15th of September 2024. When planning her return to work, the Complainant requested to work part time due to difficulties during her pregnancy and childcare obligations. The Respondent refused this request. The Complainant resigned and submitted complaints of constructive discriminatory dismissal.
The Respondent submitted the WRC complaint was out of time and that they acted in good faith at all times and denied the Complainant was discriminated against.
The Complainant does not appear to have raised any formal grievance prior to resigning.
Decision:
Having engaged with the Respondent’s arguments that the Complainant’s claims were out of time, the Adjudicator ultimately determined that the Complainant’s case under the Employment Equality Acts could be heard.
Having considered the evidence offered by both sides, the Adjudicator set out a list of what she determined to be the primary facts in the case including the following:
The Complainant was not paid for attending ante natal appointments and her bonus was affected by virtue of her attending these appointments. The Complainant experienced difficulties with her manager after informing her that she was pregnant. No risk assessment was carried out in relation to what, if any, accommodations might be required for the Complainant. The Complainant was refused part time working hours on the basis that it did not take place in the company. However, part time work was allowed for family members of the CEO of the Respondent. There was no meaningful engagement from the Respondent with the Complainant in relation to return to work options and a potential timescale. Despite acknowledging that payments to the Complainant “may have been overlooked” there was no offer by the Respondent to rectify this.
In light of the foregoing, the Adjudicator was satisfied that the Complainant had presented facts from which it may be presumed that the principle of equal treatment was not applied to the Complainant.
The Adjudicator found that it was clear from the evidence of the Respondent’s witnesses that there was a lack of knowledge in relation to the protection afforded to pregnant employees. There was no credible explanation to explain why a risk assessment, paid time off for maternity related appointments and meaningful and tangible efforts to reasonably accommodate the Complainant were not undertaken.
The Adjudicator found that the Complainant was discriminated against on the grounds of gender and family status and that she was entitled to redress that is “effective; that has a genuine dissuasive effect with regard to the employer and that is commensurate with the injury suffered by her”.
The Adjudicator did not consider that reinstatement or reengagement were appropriate in this case.
After considering the Complainant’s salary (including bonus) of €26,000, the Complainant’s present loss, future loss and her loss of statutory protection, and the “effects “of the dismissal on the Complainant and to ensure that there is a dissuasive effect with regard to the employer, the Adjudicator awarded her the sum of €50,000.
Takeaway for employers:
This decision is a strong reminder to employers that they should be aware of their obligations to pregnant employees and employees returning to work post maternity leave. Failures in this regard and any acts of discrimination can prove very costly for the employer.
Employers should be cognisant that in employment equality cases, awards of compensation are frequently made for the “effects” of the discrimination, increasing the potential exposure. The award of €50,000.00 in this case was almost two years pay. See another of our recent Articles here where the employee was awarded €136,200.00.
Employers should also note that the €50,000.00 award in this case was made not withstanding that the employee does not appear to have lodged any formal grievance prior to her resignation.
Link – https://workplacerelations.ie/en/cases/2025/july/adj-00056559.html
Authors – Jane Holian and Laura Killelea
31st July 2025
Anne O’Connell Solicitors
19-22 Lower Baggot Street
Dublin 2.
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