Somerville v Gell Retail Limited [2013]

  • Case Reference
    DEC-E2013-023
  • Legal Body
    Equality Tribunal
  • Type of Claim / Jurisdiction
    Unfair Dismissal, Discrimination and Equality
Issues covered: Pregnancy dismissal; Prima Facie case on grounds of pregnancy; No respondent submission

This is yet another pregnancy related dismissal claim upheld, indicating how high the barrier is set to show that a dismissal while pregnant is not related to the pregnancy. 

 

In this Decision the Equality Officer refers to previous case law from the CJEU (Webb v Emo Air cargo, Brown v Rentokill, and Dekker) and quoted the Labour Court EDA 095: “only the most exceptional circumstances not connected with the condition of pregnancy allow a woman to be dismissed while pregnant.  It is equally well settled law that the dismissal of a pregnant woman (which can obviously only apply

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This article is correct at 29/05/2013
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Bernadette Treanor
Beo Solutions

The main content of this article was provided by Bernadette Treanor. Contact telephone number is +353 86 6024 411 or email bernadette@beosolutions.ie

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