Pregnancy Related Dismissal*

Pregnancy Related Dismissal

The issue of pregnancy related dismissal arose in a case of a hairdresser and a hair salon ADJ-16046.

While the employee won the case the AO in this case helpfully quoted the case of McGuirk –v- Irish Garden Publisher Limited DEC-E-2007-031.

This is authority for the principal that an employee’s poor work performance can give rise to the termination of the employment even where the employee is pregnant.

In McGuirk the Equality Officer said;-

“It is well established ECJ jurisprudence that women who are pregnant are to be afforded special protection in employment and cannot be dismissed from the beginning of the pregnancy until the end of their maternity leave (the protected period) save in exceptional circumstances unrelated to their pregnancy. It is true that the complainant’s dismissal took place during the protected period and it therefore falls to the respondent to show that the termination of her employment was unconnected whatsoever with her pregnancy.”

*Before acting or refraining from acting on anything in this guide, legal advice should be sought from a solicitor.

**In contentious cases, a solicitor may not charge fees or expenses as a portion or percentage of any award of settlement.

Richard Grogan

Author Richard Grogan

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