A former Iceland worker who had her time as a new mother "ruined" after being laid off without notice when seven months pregnant has been awarded €51,000 compensation.
Workplace Relations Commission (WRC) adjudicator Elizabeth Spelman found that Metron Stores Limited, trading as Iceland (in liquidation), discriminated against Rachel Smyth on the grounds of gender.
In her findings, Ms Spelman found that the employer, instead of relocating Ms Smyth to another store as discussed, laid her off without notice while she was seven months' pregnant in February 2023.
The adjudicator said Ms Smyth was kept completely uninformed as regards her employment situation, despite contacting her employer on numerous occasions.
Ms Spelman said she was making the €51,000 award arising from the extent of the discrimination; the impact that it had on Ms Smyth and the length of time over which the discrimination occurred.
In January 2023, Ms Smyth was promoted to junior buyer from a store support role and, one month later, she was informed that there would be a transfer of undertaking as the “Iceland” brand/franchise was bought by Mr Naeem Maniar.
Ms Smyth said on February 9th, 2023, she was informed that she would be relocated to Homesavers in Tallaght.
Instead, on February 20th, 2023, Ms Smyth was laid off without notice.
In uncontested evidence after a failure by Metron Stores Limited to attend the WRC hearing, Ms Smyth outlined that around the same time, Metron Stores Ltd advertised for a junior buyer role in Homesavers, Tallaght.
Ms Smyth outlined that despite contacting the firm on numerous occasions, she was unable to confirm her employment status and that the firm refused to complete her maternity benefit forms.
Ms Smyth stated that she was “penalised because of her pregnancy”.
As a result, Ms Smyth was under serious financial and emotional stress when she had just become a new mother in May 2023.
In evidence, Ms Smyth submitted that this was a very stressful period for her, when she should have been enjoying her time as a new mother. She submitted that she felt that everything was “ruined” and also contended that it has also affected her family financially.
When having her baby in May 2023, Ms Smyth said she was not eligible for statutory maternity benefit as the firm would not complete the relevant maternity benefit forms.
Represented by David Cotter of the Independent Workers Union (IWU), Ms Smyth said she had to attend the social welfare office with her newborn baby and sign on, every eight weeks,
She said she received €42 less per week on Jobseeker’s Allowance than she would have received on statutory maternity benefit.
She further claimed she did not know what her employment status was – namely, whether she was working for the respondent or not.
Ms Smyth said the respondent eventually completed the necessary maternity benefit paperwork in August 2023, confirming her entitlement to statutory maternity benefit.
She said she was made redundant on September 7th, 2023, according to the liquidator.
In her findings, Ms Spelman found that based on uncontested evidence, the firm also delayed providing Ms Smyth with the necessary maternity benefit documentation until approximately three months after the birth of her baby, and this delay caused Ms Smyth considerable stress.
Ms Spelman said that, under EU law, special protection is afforded from the commencement of pregnancy until the end of maternity leave and any redress provided should not only compensate for economic loss sustained but must provide a real deterrent against future infractions.
