The Equality Tribunal recently awarded more than €28,000 to an employee for harassment and discriminatory dismissal on grounds of pregnancy, contrary to employment equality legislation. The employee had only been employed for 3 months. In making the award, the Equality Officer noted that the period of pregnancy and maternity leave constitutes a protected period and quoted the Labour Court as saying that ‘no employee can be dismissed while they are pregnant unless there are exceptional circumstances’.  This is not to say that a pregnant person can never be dismissed. However, employers should take legal advice, at an early stage, in relation to terminating an employee where equality related issues may arise.

The employee was awarded the equivalent of a year’s salary for the dismissal aspect of her claim, despite her short service. The employee was awarded a further €10,000 for the effects of the harassment. Such a large award in these circumstances demonstrates the protective attitude of the Equality Tribunal in pregnancy-related cases.

The employer argued that the employee had been dismissed due to poor performance, not pregnancy. The employer also pointed to the fact that other employees who had become pregnant during their employment had not been dismissed. Nonetheless, the Equality Officer determined that the employee had in fact been dismissed by reason of her pregnancy. The Equality Officer accepted the employee’s evidence that her manager’s behaviour towards her turned from supportive and encouraging to hostile on being informed of her pregnancy. The Equality Officer also accepted that her manager, on being so informed, began undermining her with disparaging remarks in front of other employees, concerning her ability to do her job. The Equality Officer was satisfied that this behaviour constituted harassment on the basis of the employee’s pregnancy. While the employee was employed in a telesales position, selling advertisement spaces in calendars and diaries, the Equality Officer was also of the view that asking the employee to sell calendars for the Irish Sudden Infant Death Association while pregnant amounted to a further act of harassment in the circumstances.

Employers are liable under the legislation for the harassment of one employee by another. The legislation requires employers to act in both a preventative and remedial way in dealing with harassment in the workplace. It is a defence for employers to show that all reasonably practicable steps were taken to prevent or remedy the alleged harassment. However, this defence will only be available to an employer who can show that a comprehensive, accessible and effective anti harassment policy was in place. Employers should ensure that the policy is up to date, communicated to employees and is backed up with appropriate training.

Contributed by Caoimhe Heery.