The Workplace Relations Commission (WRC) has ordered a dental practice to pay €10,000 in compensation to a dental surgery assistant after ruling that a proposal to cut her working hours shortly after she disclosed her pregnancy constituted maternity discrimination.
The award was made under the Employment Equality Act 1998 by WRC Adjudication Officer Úna Glazier-Farmer following an anonymised complaint brought by the worker.
According to evidence presented to the tribunal, the assistant commenced employment at the practice in 2023 on a part-time basis at €12.70 per hour. On July 8, 2024, she was issued an employment contract for 18 hours per week. When returning the signed contract to her employer on July 17, 2024, she disclosed that she was pregnant.
Eight days later, on July 25, 2024, the practice presented her with a proposal to reduce her hours by one-third to 12 hours per week. The assistant told the tribunal that the cut was not viable, as it rendered her ineligible for the Working Family Payment. She became distressed during the meeting and subsequently took certified sick leave.
The dental practice contended that the proposed reduction was driven by genuine financial difficulties and altered personal circumstances involving an orthodontist. However, Adjudication Officer Glazier-Farmer noted that the close proximity in time between the disclosure of the pregnancy and the proposed cut to hours could not be ignored.
In her ruling, the adjudicator highlighted "evidential gaps" in the practice's explanation regarding the timing and rationale for the decision, along with a failure to call key witnesses who were directly involved. She also noted that job advertisements were posted while the assistant's hours were reduced, without a clear explanation provided by the employer, leading to the €10,000 compensation order.
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