Sometimes people can cherry pick sections of legislation to meet their own needs, but unless expert advice is sought, this can be a costly lesson. Sometimes the loophole you think you found is in reality, a noose.
A recent example of this came before the Labour Court (28th February 2014) where employers were ordered to pay €9,701.40 to an employee after they placed her on Health and Safety Leave ( as per Section 18 of the Maternity and Protection Act) shortly after she announced she was three months pregnant.
In August 2011 Mary was hired as salon manager so that the two owners, her employers could concentrate on the beauty treatment side of their business. In December 2011, Mary announced she was three months pregnant. In line with good practise, on the 9th December, her employers called Mary into a risk assessment meeting in line with Health and Safety obligations. The completed form identified a few small risks (such as moving/lifting items) but nothing that could not be easily accommodated or that represented a significant proportion of Mary’s employment.
Up to this point, the salon had acted completely in compliance with employment legislation. However, four days later, her employers called Mary back into a meeting and immediately placed her on Health and Safety Leave. Under this legislation an employer is only obliged to pay an employee for the first three weeks of absence. Health and Safety Leave is used in circumstances where (i) there are risks that the employer can not remove and (ii) that there is no suitable alternative role for the employee. Mary’s assessment form clearly showed that she was, as are other hairdressers, able to continue to work during her pregnancy and the salon owners erred in placing her on Health and Safety Leave. Mary was awarded compensation and her full 20 weeks pay earned.
Pregnancy is essential to society and thankfully legislation ensures that women are no longer penalised in the workforce for having a family. Employers need to be mindful of their obligations, or as this case proves, pay a hefty price.
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