Hayley Davina Hylands v Catherine Murphy and Shane Murphy, t/a Oaktree Day Nursery (CASE REF: 131/13)Posted In: Case Law
Legal BodyNorthern Ireland Industrial Tribunal (NIIT)
Type of Claim / JurisdictionUnfair Dismissal, Discrimination and Equality
This is a case which had been remitted from the Court of Appeal for re-hearing. The issue for the tribunal to consider was first of all, whether the claimant had been automatically unfairly dismissed on grounds of her pregnancy and, secondly, whether she had suffered unlawful sex discrimination on grounds of her pregnancy. The claimant was employed as a full-time room leader.
The respondent contended that she was dismissed for gross misconduct, namely leaving child F unsupervised in the corridor. There was much conflict of evidence, not least surrounding the allegation that the respondent’s attitude to the claimant changed once they knew she was pregnant. It was held that the claimant
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