Dismissal During Probation

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What Employers Need to Know

In this blog, we explore a recent WRC ruling where a school was ordered to pay €85,000 in compensation after a teacher was discriminated against during an interview. The case highlights how even seemingly harmless remarks can have serious legal consequences for employers. What Actually Happened? Employee, Emily Williams, who had been working at the school under fixed-term contract and had two years’ experience there, was on maternity leave when a permanent teaching post arose. She was neither notified nor considered, even though she was eligible. Instead, the school awarded the role to a less-experienced colleague not on leave. During a subsequent interview for a fixed-term position, the principal congratulated Williams on the birth of her baby and added: “You really should enjoy every moment at home with the baby.” Williams felt the comment was unprofessional and likely influenced the outcome against her as she had learned she was unsuccessful the very next day. Why the WRC Ruled It Was Discrimination The WRC adjudicator found that: The principal’s comment, made before scoring was complete, was inappropriate and highlighted Williams’ family status. The school could not justify why a less-experienced teacher was chosen. Their claim that it was based on prior interview scores was unsupported, with no clear process to back it up. One interviewer even adjusted a score for Williams downward without explanation, further undermining the credibility of the decision. Given these failures, the WRC concluded that Williams had established a clear case of discrimination on grounds of family status. She was awarded €85,000 in compensation, with the adjudicator stressing the importance of deterrence in cases like this. Why This Ruling Matters for Employers This case underscores three vital lessons for HR and hiring managers. First, keep personal matters out of formal interviews. Even a well-meaning comment can suggest bias or influence the panel. The interview must remain strictly professional. Second, ensure documentation and process are watertight. Reliable scoring systems, consistent policies, and clear records are essential. Without them, hiring decisions become legally and reputationally vulnerable. Finally, fairness must be more than form, it must be function. Interviews should be blind to protected statuses such as family or maternity, and all decisions must be transparent and defensible. How MSS The HR People Can Help MSS is here to help Irish businesses avoid situations like this: Designing discrimination-safe interview processes, from structuring interview panels to defining scoring metrics Training hiring panels on unconscious bias and employment equality legislation Developing clear recruitment communication policies that avoid risks around maternity or other protected characteristics Providing support and representation if a dispute arises before the WRC  Let’s ensure recruitment is fair, transparent, and free of unintended prejudice. Reach out to MSS The HR People, and we’ll help you build safe, compliant hiring practices. MSS The HR People info@mssthehrpeople.ie Ph: 01 8870690

WRC Finds Dismissal Unfair When Employer Fails to Engage

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