Somerville v Gell Retail Limited [2013]

Posted In: Case Law
  • Case Reference
  • Legal Body
    Equality Tribunal (EQT)
  • Type of Claim / Jurisdiction
    Dismissal, Discrimination
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 to a woman) raises a prima facie case of discrimination on the gender ground.  Once such a case

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This article is correct at 29/05/2013

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Bernadette Treanor
Beo Solutions

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