Elaine Byrne’s Health & Beauty Clinic v Mary Gilman Bennett [2016] ILCR

Posted In: Case Law
  • Case Reference
  • Legal Body
    Labour Court (LC)
  • Type of Claim / Jurisdiction
    Health and Safety, Discrimination
Issues covered: Industrial Relations Acts, 1946 to 1990; Section 83, Employment Equality Acts, 1998 to 2011; Discrimination on Gender Grounds

This case concerned the involuntary placement of the complainant on Health and Safety leave. Shortly after informing the Respondent that she was three months pregnant she was asked to sign a completed risk assessment. She did so on the understanding no adverse effects on her employment would arise. She was subsequently placed on Health and Safety leave on the basis that no reasonable accommodation could be made for her. The Court held that the complaint of discrimination was well founded and confirmed that the Complainant should receive the sum of €12,000 in compensation.


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This article is correct at 11/03/2016

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