WRC reminds employers that absence due to medical treatment doesn’t justify a sudden redundancy
The Workplace Relations Commission (WRC) has awarded €10,000 to a woman who was unfairly dismissed while undergoing IVF fertility treatment. The worker had informed her employer of her treatment plans, stepped down from a managerial role to reduce stress, and took short periods of leave to facilitate embryo transfers.
She returned to work after one such absence only to be issued a redundancy letter without warning or consultation, a move the WRC deemed procedurally and substantively unfair under the Unfair Dismissals Act 1977.
Key Facts
- Complainant: Anonymous (protected due to medical sensitivity)
- Employer: Unnamed (in liquidation)
- Weekly earnings: €500
- Dismissal method: Redundancy letter issued without consultation, shortly after returning from IVF-related leave
- Award: €10,000 in compensation
What Went Wrong
1. No Consultation Process
The worker was not made aware that her role was at risk, and no redundancy consultation was carried out, a breach of statutory obligations.
Best Practice: Employers must follow a clear, transparent redundancy process, including written warnings, consultation, and selection criteria.
2. Timing Implied Discrimination
The redundancy was issued immediately after the worker returned from medically sensitive fertility treatment. This undermined the employer’s claim of a business-led redundancy and raised concerns about potential discrimination by association.
Best Practice: Employers must take extreme care when dismissing staff returning from medical or family-related leave, timing and documentation must demonstrate objectivity.
3. No Alternative Options or Role Assessment
The employer provided no evidence that other options (e.g., redeployment, reduced hours, continued support) were considered before termination.
Best Practice: Explore all alternatives before proceeding with redundancy, especially when the employee is returning from protected or medical leave.
Key Takeaways for Employers
Redundancy is not a shortcut for removing employees who are on medical or fertility-related leave.
Employers must:
- Document business needs objectively
- Avoid reactive decisions tied to sensitive leave
- Follow redundancy processes fairly and transparently
- Consider the risk of discrimination by association with reproductive health or gender
How Bloom Consultancy Can Help
We support organisations to:
- Navigate complex HR decisions involving family leave, fertility, or protected categories
- Draft compliant redundancy and dismissal processes
- Manage return-to-work situations with sensitivity and legal alignment
- Represent and guide employers facing WRC complaints
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.