Elaine Ryan v K&A Accountants and Financial Advisors [2012]

Posted In: Case Law
  • Case Reference
  • Legal Body
    Equality Tribunal (EQT)
  • Type of Claim / Jurisdiction
    Dismissal, Redundancy, Discrimination and Equality
Issues covered: Discriminatory Dismissal; Gender; Pregnancy; Selection for redundancy; Prima Facie Case

The complainant was working on accounts in the respondent company. During the course of her probationary period, which was also during her protected period, she was selected for redundancy, after the company introduced time management systems to “highlight areas of vulnerability in the respondent processes. ...A cost benefit analysis was carried out and the complainant's section was identified as the most vulnerable section”. It also was found that she had refused to take a pay cut, unlike other colleagues.

However these exercises failed to rebut the presumption which had arisen in light of the complainant being in a protected period. This applied as much in a probationary period as at any

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This article is correct at 14/09/2012

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