Employment Partner Mark Kaye has commented for HR Magazine on an Irish tribunal award to a pharmacist of €50,000 (£42,675) for pregnancy discrimination. The claimant was told to take a demotion or face dismissal five weeks after disclosing her pregnancy at work.
Mark said that although this case was decided under Irish law, there are helpful learning points for HR professionals in the UK.
He explained that when an employee discloses their pregnancy, an employer should carry out a risk assessment, inform the employee of their “entitlement to maternity leave and pay, and allow [them] to take paid time off to attend antenatal appointments”.
Mark said that where there is a maternity policy, employers should “review that policy and comply with its terms... Failure to do so may create potential claims by the pregnant employee”.
He concluded: “Although it is possible to make a pregnant employee redundant, she will have super priority in respect of any suitable alternative vacancies.”
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