WRC Awards €5,000 in Disability Discrimination and Victimisation Case
WRC Reference: ADJ-00060438 / 12th March 2026
A recent decision of the Workplace Relations Commission (WRC) highlights the risks for employers in how they respond when an employee raises a potential mental health issue in the workplace.
Background
The Complainant was employed as an Assistant Manager in a restaurant from December 2023.
She alleged that she was subjected to discrimination, harassment, victimisation and ultimately a discriminatory dismissal on the grounds of disability. In particular, she claimed that after disclosing that she was experiencing depression, her treatment at work deteriorated rapidly, ultimately leading to the end of her employment.
The Respondent denied any discrimination, maintaining that they were not aware of any disability and that the employment relationship broke down due to performance concerns and the Complainant’s attitude.
WRC Findings
The Adjudication Officer examined the sequence of events leading to the termination of employment, with particular focus on a meeting which took place at the end of April 2025.
It was accepted that prior to this point, the Complainant had been a reliable and valued employee. However, concerns arose regarding her performance in the weeks leading up to this meeting.
During this discussion, the Complainant raised issues regarding her mental health. While there was conflicting evidence as to the extent of the disclosure, the Adjudication Officer found, on balance, that the Complainant had informed her employer that she was experiencing depression.
The WRC was satisfied that this disclosure was not meaningfully engaged with by the Respondent. Instead, within a matter of days, the Complainant was told that the role may not suit her and that she should consider alternative employment.
The Adjudication Officer found that the situation escalated quickly following this disclosure. The Complainant was subjected to criticism and negative treatment, was removed from the roster, and ultimately ceased attending work. On this basis, the WRC found that the Complainant had established a prima facie case of discrimination, which the Respondent failed to rebut.
The Adjudication Officer concluded that the Complainant had been constructively dismissed in circumstances amounting to discrimination, and had also been subjected to victimisation.
Decision
The WRC found the complaints to be well founded and awarded:
- €2,500 compensation for discriminatory dismissal.
- €2,500 compensation for victimisation.
Key Takeaways for Employers
This case highlights a number of important considerations for employers:
- Take disclosures of mental health issues seriously, even where they are informal or lack detailed medical evidence.
- Engage appropriately and sensitively with employees who raise potential health concerns.
- Avoid reacting negatively or prematurely following such disclosures.
- Ensure that performance management processes remain fair and objective.
- Be aware that a rapid deterioration in treatment following a disclosure may give rise to an inference of discrimination.
While the level of compensation in this case was relatively modest, the decision underscores the legal risks where employers fail to appropriately respond to potential disabilities in the workplace.
If you need help navigating medical or disability disclosures contact MSS The HR People at: info@mssthehrpeople.ie , Ph 018870690 or visit our website for further guidance.
