New mothers awarded over £17k over work discrimination

Wednesday, 16 December 2009

Two women in Northern Ireland who claimed they were discriminated against after going on maternity leave have been awarded over £17,000 in compensation.

Kennels worker Judith Hitch, 22, was offered unsuitable return to work hours and left the meeting in distress. Her manager in Holywood, Co Down, assumed she had resigned and sent her a P45 in the post.

Richenda McAleenan, 29, a long-serving credit loans officer, was told she could no longer act up in the absence of her manager after taking maternity leave because she would not know what she was doing.

The Tribunal found there was a term in her contract at Ballynahinch Credit Union affording her the right to fill the more senior position.

Equality Commission casework director Anne McKernan said: "Women returning to work after the birth of a baby, with responsibility for the upbringing of their child, have rights under sex discrimination and employment rights laws which cannot be set aside.

"Parenthood and family are essential elements in our society and to facilitate women to maintain, their position within the workforce we need to ensure that they can continue in work when pregnant and resume their jobs afterwards."

Ms Hitch's son was born in January 2008 and she attended a return to work interview in August that year.

She had written asking for changed hours to fit childminding arrangements but was told she would only be offered unsuitable hours. She became upset and left the meeting and her practice manager assumed she had resigned and sent her P45.

The tribunal found employer Karl Smyth had made no real effort to bring Ms Hitch back to work after her maternity leave.

It said: "The respondent should have contacted the claimant, preferably in writing, explaining her right to return to work in her previous job and suggesting another discussion to try and resolve the working times."

The Tribunal awarded compensation of £8,624 to Ms Hitch for sex discrimination and unfair dismissal.

Ms McAleenan worked at the credit union since 1996 and was the longest-serving employee.

She returned to work after maternity leave in May 2008 and was told by chairman of the board of directors Janet Clarke that she could not act up as she would not know what she was doing.

The tribunal found there was an implied term in her contract allowing her to act up and ruled that she was in effect no longer allowed to return to the job in which she was employed before her absence.

She was awarded £8,808 compensation.

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