Pregnancy and maternity leave are among the most protected situations in Irish employment law. Dismissal related to pregnancy is automatically unfair, regardless of your length of service. Demotion, reduced hours, or denial of promotion connected to pregnancy or maternity leave are also unlawful.
Under the Maternity Protection Acts 1994–2004 and the Unfair Dismissals Act 1977, dismissal connected to pregnancy, maternity leave, or breastfeeding is automatically unfair. You do not need 12 months of service to bring this claim — the normal qualifying period does not apply.
The protection extends beyond dismissal. Demotion on return from maternity leave, failure to keep your role open, redundancy during maternity leave without being offered suitable alternative work, reduced hours without consent, and denial of promotion connected to your pregnancy are all potentially unlawful.
Your employer is legally required to keep your job open during maternity leave. If they make your role redundant while you are on leave, they must offer you any suitable alternative vacancy — on terms no less favourable than your previous contract. Failure to do so is automatically unfair dismissal.
Sinead had worked in a marketing agency in Dublin for three years. She announced her pregnancy in January and was congratulated by her manager. Eight weeks later, she was called to a meeting and told that her role was being eliminated as part of a restructure. She was offered a junior position at a lower salary.
Two colleagues whose roles were also supposedly affected were moved to alternative positions at the same grade within the company. Sinead was not offered a comparable alternative. She was told the junior role was the only available option.
Her solicitor argued that the timing — eight weeks after announcing pregnancy — combined with the failure to offer an equivalent alternative role, strongly indicated that the pregnancy had been a factor in the selection and the inadequate alternatives offered.
The WRC agreed. The dismissal was found to be automatically unfair. Sinead was awarded compensation at the maximum available level.
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