WRC Awards €21,000 Following Pregnancy Related Dismissal
What happened
In a decision reported in February 2026, the WRC awarded €21,000 to an employee who was dismissed shortly after informing her employer that she was pregnant.
The employee worked in a small hospitality business and had recently disclosed her pregnancy. Within a short period, concerns were raised about her performance and “fit within the team.” Her employment was subsequently terminated.
The employer argued that the dismissal was performance related and entirely unrelated to the pregnancy. It maintained that concerns had been discussed informally prior to notification.
The employee contended that the dismissal was directly linked to her pregnancy and that she had not been subject to any formal performance management process before informing the employer of her condition.
The WRC examined both the timing of events and the process adopted.
What the WRC focused on
The Adjudication Officer concentrated on:
- The proximity between pregnancy notification and dismissal
- Whether performance concerns were documented prior to notification
- Whether a fair and structured process had been followed
- Whether the employer could discharge the burden of proof under the Employment Equality Acts
Under Irish equality law, once pregnancy is established as a relevant factor, the burden shifts to the employer to prove that the treatment was in no way whatsoever related to pregnancy.
The WRC found that the employer had not met this evidential threshold.
There was limited documentary evidence of performance concerns prior to the pregnancy disclosure. No formal warnings had been issued. No structured performance review process had been initiated.
The timing created a strong inference of discrimination.
Why the dismissal failed
Pregnancy enjoys heightened protection under Irish law.
The WRC reiterated that:
- Dismissal during pregnancy is subject to strict scrutiny
The employer must provide rational and objective evidence unrelated to pregnancy
Process deficiencies will significantly weaken an employer’s defence
In this case, the employer could not demonstrate that dismissal was wholly unconnected to the pregnancy.
The claim succeeded and compensation of €21,000 was awarded.
Key lessons for employers
- Pregnancy related dismissals carry an extremely high evidential burden.
- Documentation of pre-existing concerns is critical.
- Informal discussions are insufficient protection.
- Timing matters.
- Procedural fairness and objective evidence are essential.
Even where commercial or performance concerns are genuine, pregnancy significantly heightens legal scrutiny.
If your organisation is managing performance, restructuring or capability issues involving a pregnant employee, it is essential that the process is carefully structured and fully compliant.
Contact MSS The HR People at info@mssthehrpeople.ie, Ph 018870690 or visit our website for further guidance.
