WRC reinforces that pregnancy is a protected ground under the Employment Equality Act 1998
The Workplace Relations Commission (WRC) has awarded €55,000 to Naomi Hanlon, a nanny who alleged she was dismissed after informing her employer of her pregnancy. The WRC found the dismissal amounted to discrimination on the grounds of gender, specifically related to pregnancy and maternity leave.
This case sends a powerful reminder to private employers, including those in domestic settings, that they are not exempt from employment equality legislation, and that pregnancy cannot be treated as a basis for termination or altered treatment.
Case Summary
- Complainant: Naomi Hanlon, employed as a nanny
- Respondent: Emer McGrath (private household employer)
- Employment period: August 2020 – December 2023
- Legal claim: Discriminatory dismissal under Employment Equality Act 1998
- Award: €55,000 compensation for discriminatory treatment
What Went Wrong
1. Change in Employer Behaviour After Pregnancy Disclosure
Ms Hanlon told the tribunal that her employer became “cold” and “distant” after she disclosed her pregnancy in October 2023, a significant change from their previously warm and close working relationship.
Best Practice: An employee’s pregnancy must not negatively impact how they are treated at work. Any change in tone, duties, or interaction can be seen as discriminatory if linked to pregnancy.
2. Lack of Clear Maternity Leave Planning
The employer allegedly proceeded to set an “end date” for the employee’s contract shortly after the pregnancy announcement, without Ms Hanlon’s consent, and treated it as a resignation.
Best Practice: Employers must engage in formal maternity leave planning, and cannot interpret discussion about pregnancy as notice of resignation.
3. Dismissal on Dubious Grounds
The employer later alleged that the nanny had another job based on a planning application, which Ms Hanlon denied. The WRC found this was not substantiated and did not justify dismissal.
Best Practice: Dismissals must be based on objectively verifiable facts, and disciplinary allegations must be properly investigated, especially where the employee is pregnant.
Legal Context: Pregnancy as a Protected Ground
Under the Employment Equality Act 1998, pregnancy is automatically a protected ground. Dismissing an employee because they are pregnant, planning maternity leave, or recently gave birth is a form of gender discrimination, even if subtle or indirect.
Key Employer Takeaways
Pregnancy is not a performance issue. It is a legally protected condition.
Employers, including those in private homes, must:
- Respond with support, not suspicion, when an employee becomes pregnant
- Avoid assumptions about the employee’s plans to return or resign
- Engage formally on maternity leave entitlements and return-to-work plans
- Avoid any action that could be interpreted as coercive or retaliatory
How Bloom Consultancy Can Help
We assist employers of all sizes, including families and private households, to:
- Handle pregnancy disclosures professionally and legally
- Set up compliant maternity leave processes
- Respond appropriately to employment disputes and WRC complaints
- Understand how anti-discrimination law applies to domestic or small employers
This article is based on public decisions of the Workplace Relations Commission and reported case summaries from Irish media sources. It is intended as a commentary on HR compliance issues relevant to employers and HR professionals in Ireland.