Dáil Éireann Debate, Tuesday - 16 December 2025
401. Deputy Richard Boyd Barrett asked the Minister for Enterprise, Tourism and Employment if his attention has been drawn to the possibility that the legislation governing redundancy entitlements can disadvantage pregnant women (details supplied); and if he will make a statement on the matter. [71310/25]
Amharc ar fhreagraThere are robust legal protections in place for employees who are pregnant.
An employee cannot be made redundant, or be given notice of redundancy, while on maternity leave or additional maternity leave. This is provided for in section 23 of the Maternity Protection Act 1994, as amended.
In general, dismissal of an employee due to redundancy is not deemed to be an unfair dismissal for the purposes of the Unfair Dismissals Act 1977, as amended. In such cases, an employer must be able to demonstrate that the redundancy is genuine and the selection criteria and the redundancy process is substantively and procedurally fair.
The 1977 Act also provides for a number of grounds under which a dismissal is automatically considered unfair. This includes dismissals wholly or mainly related to pregnancy, giving birth or breastfeeding or any matters connected with pregnancy or birth. While normally employees require at least one year’s service with their employer to be covered under the Unfair Dismissals Act 1977, this does not apply if the dismissal wholly or mainly relates to the employee's pregnancy.
Pregnant employees are also protected under the Employment Equality Act 1998, as amended. This Act is the responsibility of the Minister for Children, Equality and Disability.
Where an employee believes their employer has breached their employment rights, they can make a complaint to the Workplace Relations Commission (WRC). In most cases, complaints must be made within 6 months of the alleged breach. The WRC can extend this to 12 months if the employee demonstrates reasonable cause.
