Tuesday, June 19, 2018

Ensure that you have clear evidence that you are dismissing someone on the grounds of performance and not because of pregnancy or risk a hefty tribunal claim

The Daily Mail (31.7.2014) have reported that a bakery has been ordered to pay more than 23,000 to a former worker after an employment tribunal found she had been sacked for becoming pregnant. Nicola McNamee took the sex discrimination case against Melting Moments bakery in Co Fermanagh after she was dismissed around a week after telling her employer she was going to have a baby. The Company claimed that its decision to let Miss McNamee go just two months after her start date was based on her conduct and performance.

An employment tribunal rejected the Company's claim and found the reason for dismissal was the fact of her pregnancy. The Company's case was not helped by the claim that Miss McNamee was told at her initial job interview not to get pregnant or married in her first year in the job and was also told to think about whether she would be better off leaving once she told the Company that she was pregnant.

So can you dismiss someone who is pregnant?

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