New Mother Discriminated Against By Employer Awarded €50,000

This case serves as a stark reminder to employers that refusal to reasonably accommodate a new mother’s return-to-work needs can have serious legal and financial consequences. The circumstances here involved a fresh mother who, due to health, pregnancy complications, or childcare obligations, asked to return part-time—an accommodation many jurisdictions expect to be considered in good faith. When the employer rejected this request without adequate justification, it triggered the complaint of constructive discriminatory dismissal.

Employers should understand that discrimination law often explicitly or implicitly protects pregnant workers, those on maternity or parental leave, and those returning to work with family-care responsibilities. The best practice is to engage in a dialogue with a returning parent to see whether alternate working arrangements (reduced hours, flexible schedule, hybrid work, etc.) are viable. Documenting that process—requests made, responses given, business constraints considered—is critical should a dispute escalate.

From the employee perspective, raising grievances or formal requests in writing before resigning may strengthen a discrimination claim. Even when the timeline between return and resignation is short, well-documented prior attempts to find a resolution can aid a tribunal or regulatory body in establishing that discrimination has occurred, as well as that constructive dismissal was justified.

This case demonstrates that legal systems will award meaningful compensation when discrimination is established—even if the employer claims the request was denied in good faith or that complaints are out of time. Employers should thus review their policies on flexible working and ensure they are compliant, transparent, and proactively supportive of returning mothers to mitigate risk.

Facts: The Complainant commenced employment with the Respondent company in August 2022 as an Accounts Administrator. The Complainant commenced a period of maternity leave in January 2024, followed by a period of parental leave up to the 15th of September 2024. When planning her return to work, the Complainant requested to work part time due to difficulties during her pregnancy and childcare obligations. The Respondent refused this request. The Complainant resigned and submitted complaints of constructive discriminatory dismissal.

The Respondent submitted the WRC complaint was out of time and that they acted in good faith at all times and denied the Complainant was discriminated against.

The Complainant does not appear to have raised any formal grievance prior to resigning.

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