Gender Discrimination & Dismissal
Discrimination in any form is not acceptable and there are a number of posts on our website with information on discrimination, disability discrimination etc. within an employment law context.
In this post we discuss one of the prohibited grounds set out in the Equality Acts.
This is the Gender ground.
Employees who are pregnant can find themselves subject to discrimination at work.
Discrimination occurs where on person is treated unfavourably than another person on one of the grounds set out in the Equality Acts, in this case under the Gender Ground.
This post gives the person an idea of one legal protection available to an employee who is pregnant.
If you wish to contact us to discuss, we can be contacted on (01) 546 1121 or (052) 612 1999 or info@clearysolicitors.com
At Cleary & Co. we specialise in Employment Law and have many years of experience dealing with disputes successfully at this stage.
An employee who is pregnant enjoys special protection in law and there are strong legal protections in place for such an employee.
The law on this matter in an employment contract is set out under a number of separate legislative acts but this post solely discussions one legal protection for the employee under the Equality Acts.
If you feel you have been discriminated against at work for such an issue, we will endeavour to answer any questions you have.
Legal protections to such employees in an employment context is not only protection against dismissal.
An employee who is pregnant cannot be treated adversely on the grounds of their pregnancy and gender discrimination is prohibited by the Equality Acts legislation.
There is special protection afforded to a pregnant employee at European and hence Irish law and in Webb v EMO Air Cargo (UK) Ltd [1994] ECR 1-3567, Brown v Rentokil Ltd [1998] ECR 1-04185 and Dekker v Stichting Vormingscentrum [1990] ECR 1-3941 it was concluded that the entire period of pregnancy and maternity is considered a special protected period.
If an employer was to dismiss a pregnant employee during this time period then they would need very persuasive evidence the dismissal was wholly unrelated to the pregnancy.
The burden of proof in these matters is on the employer to demonstrate the dismissal related to exceptional circumstances wholly unrelated to the maternity leave or pregnancy itself.
If a case officer comes to a decision that discrimination arose, they will likely consider the effects of the discrimination on the person, and have due regard to Article 17 of the framework directive which states the sanction should be ‘’effective, dissuasive, and proportionate’’ which can include higher awards for discrimination cases.
Cleary & Co. Solicitors, Litigation Law Firm
Kieran Cleary and Roger Cleary Employment Law Solicitors can help with questions you may have regarding employment law matters and our numbers are (01) 546 1121 or (052) 612 1999 or our email address is info@clearysolicitors.com
Disclaimer
Please be advised that the above-mentioned material is intended as an overview and as a broad out-line of the topic discussed. It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute. Legal advice should be obtained from a solicitor prior to relying on anything in this article.
Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.
Cleary & Co. Solicitors – Litigation Law Firm
If you have an employment law issue and wish to discuss it, Kieran Cleary and Roger Cleary are experienced Employment Law Solicitors who can help with questions you may have regarding such a matter.
Contact details are (01) 546 1121 or (052) 612 1999 or our email address is info@clearysolicitors.com
Cleary & Co. have many years of experience specialising in employment law and have successful track record resolving disputes.
Personal Injuries * In contentious business, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
Employment Law Articles
- Employment Law Ireland
- Unfair Dismissal Ireland 2024
- Protected Disclosures
- Constructive Dismissal Ireland
- Redundancy Ireland
- Bullying at the Workplace
- Workplace Harassment
- Discrimination at the Workplace
- Disciplinary Meetings & Fairness
- Deduction from Wages – Employment Law
- Dyslexia Discrimination at the Workplace
- Disability Discrimination at the Workplace
- Discrimination – Interview Process
- Disciplinary Procedure & Unfair Dismissal
- Workplace Investigations Ireland
- Age Discrimination in the Workplace
- Redundancy & Maternity Leave
- Redundancy Ireland Guide
- Redundancy Calculator Ireland
- Selection Criteria for Redundancy & Performance
- Selection Criteria for Redundancy & Genuine Consultation
- Redundancy & Temporary Lay-Offs
- Unfair Selection for Redundancy
- Redundancy & Consultations
- Redundancy Selection – Alternative Options
- Redundancy Claim Defence – Redeployment
- Retirement Ages & Discrimination
- Sick Leave & Covid-19
- Sick Pay Leave Bill
- Sick Leave & Dismissal
- Sick Pay Entitlement
- Gross Misconduct & Dismissal
- Health & Safety Unfair Dismissal
- Annual Leave Entitlement
- Calculating Loss in Unfair Dismissal Claims
- Unfair Dismissal Ireland – Probation
- Disability Discrimination Ireland
- Unfair Dismissal Claim – Employee Duty to Mitigate Loss
- Employee Verbal Warning Appeal
- Employer Delays Bullying Investigation
- Epilepsy Discrimination at the Workplace
- Disciplinary Meetings – Employment Law
- Filling out Workplace Relations Complaint Form
- Fixed-Term Employee & Pregnancy Dismissal
- Fixing Retirement Ages
- Statutory Break Entitlements
- Redundancy Selection in Ireland
- Redundancy Selection Criteria Matrix
- Time Limits – Cases
- Student Discrimination
- Severance Agreements & Tax Advice
- Terms of Employment 5 Day Rule
- Text Message & Disciplinary Meetings
- Transfer of Undertaking
- Unfair Dismissal Claim- Dismissal in Dispute
- Compensation for Unfair Dismissal
- Unfair Dismissal Claim & CCTV
- Workplace Statutory Rest Periods
- Gardai & Employment Disputes
- Gender Dismissal Discrimination
- Grievance Procedures & Constructive Dismissal
- Guide for Employees in Redundancy Selection Process
- Maternity Leave & Salary
- New Postponement Guidelines WRC
- Legal Representation at Disciplinary Hearings
- Part-Time Workers
- Plumbers & Pipefitters
- Pre-emptory Dismissal
- Pregnancy related Discrimination
- Pregnancy related Unfair Dismissal
- Proving Fairness in Unfair Dismissal Actions
- Race Discrimination in the Workplace
- Red Circling Defence
- Workplace Relations Commission
- Employment Notice Periods
- 3 Ingredients to Prove Workplace Victimization
- Christmas Bonus for Employees
- Covid-19 Force Majeure Leave
- Redundancy Ireland & Covid-19
- Defence to Disability Discrimination Claim Ireland
- Workplace Discrimination – Gender & Family Status ground
- Discrimination on a Licensed Premises
- Discrimination in Schools
- Employers Guide to Defending Unfair Dismissal Ireland
- Workplace Whistleblowing Policy
- Temporary Lay-Off & Covid 19
- Temporary Lay-off & Non-Payment of Wages
- Severance Agreement & Legal Advice
- Unfair Dismissal Claim – Mitigating Loss
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