An Employee v A Child Care Employer [2012]

Posted In: Case Law
  • Case Reference
    DEC-E2012- 036
  • Legal Body
    Equality Tribunal (EQT)
  • Type of Claim / Jurisdiction
    Dismissal, Discipline and Grievance, Discrimination and Equality
Issues covered: Employment Equality Acts; Discriminatory Dismissal; Less Favourable Treatment; Gender; Race; Disciplinary Measures

In this case, the complainant is a Polish national and is a qualified childcare worker. A number of incidents occurred after she notified her employer that she was pregnant, including disciplinary proceedings for an incident in the nursery, changes in her rota, which she considered to be more onerous than previously, claims that she had resigned when leaving a disciplinary proceedings and her eventual exclusion from employment.

The Tribunal concluded that the complainant had been discriminated against and dismissed on grounds of her pregnancy. In particular, a final written warning was a disproportionate penalty for what was, at most, a minor act of misconduct. The complainant was awarded

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This article is correct at 14/05/2012

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