Complainant: Lisa McGrath
Respondent: Net Smart Security Ltd
Claim: Discrimination on the grounds of gender and family status under the Employment Equality Act 1998
WRC Outcome: Complaint upheld
Award: €50,000
Decision Date: August 2025
Adjudicator: John Harraghy

Case Overview

Lisa McGrath, an accounts administrator earning €24,000 per year plus bonuses, brought a complaint against her employer, Net Smart Security Ltd, after her request for part-time work following maternity and parental leave was refused. She alleged unfair treatment during pregnancy and discriminatory refusal of flexible work arrangements based on her status as a new mother.

Ms McGrath claimed she was denied paid time off for antenatal appointments, marked absent, and had her bonuses reduced as a result. When she sought to return part-time after parental leave, her request was denied outright on alleged operational grounds.

WRC Key Findings

• Discriminatory Treatment During Pregnancy:
  • Ms McGrath was denied paid leave for hospital appointments and penalised via bonus deductions.
  • Her relationship with management deteriorated after disclosing her pregnancy.

• Unlawful Refusal of Flexible Work:
  • The employer claimed it had “no part-time employees”, but under cross-examination, admitted the CEO’s two daughters worked part-time.
  • The WRC found no attempt was made to genuinely assess whether Ms McGrath’s role could be performed part-time.

• Failure to Support Returning Mothers:
  • No risk assessment was conducted, and the company lacked awareness of legal protections for pregnant employees.
  • The adjudicator noted the company failed to justify operationally why part-time return wasn’t feasible, especially given Ms McGrath had not been replaced at the time of the hearing.

Employer Defences (Rejected by WRC)

• Claimed part-time work was “not viable” in their operations.
• Argued Ms McGrath was treated the same as others.
• Stated part-time roles only considered for medical grounds.
  

The WRC found these arguments inconsistent, particularly due to the preferential treatment given to CEO family members working part-time.

WRC Remedy

• €50,000 in compensation, nearly double Ms McGrath’s annual salary.
• The award aimed to compensate for the discrimination and act as a deterrent to other employers.
• The adjudicator stressed the importance of fair treatment and reasonable accommodation for returning mothers.

HR & Employer Takeaways

Parental and Flexible Work Requests: Employers must genuinely consider all flexible work requests, especially from returning mothers, and clearly document decisions.

Consistency is Key: If relatives or other employees are offered part-time work, it must be available to all staff on a fair and equal basis.

Awareness of Maternity Rights: Employers must allow paid time off for antenatal care, conduct risk assessments, and maintain supportive practices during and after maternity leave.

Training for Line Managers: Missteps often stem from ignorance at managerial level. Training and clear policy implementation is essential.

Bloom Consultancy Commentary

This case is a wake-up call for employers, particularly SMEs or family-run firms, where informal arrangements risk breaching equality law. Failing to support working mothers not only causes reputational damage but can lead to significant legal and financial consequences.

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.