Coca Cola was recently found to be in breach of the Employment Equality Act 1998, after an employee was given a different role upon returning from maternity leave.
This case highlights the continued importance of compliance and fair practices when it comes to managing maternity leave. It also reminds us that, no matter how large the organisation is, every business is susceptible to discrimination claims and legal disputes if HR processes are not handled compliantly.
Details of the case
The employee, who had been working as a premium spirits marketing manager with Coca Cola for approximately six years, returned from maternity leave in January 2024. She told the Workplace Relations Commission (WRC) that she had believed she would be returning to the same role upon her return.
Having been on maternity leave for one year and 21 days due to pregnancy-related health issues, the complainant told the WRC that she found out about the new role on a call with her manager, the Friday before she was due to return to work. She claims that her manager told her “You won’t be returning to your role. We’re looking for you to return to a new role”. She also stated that there was a team meeting later that day, where her manager announced to attendees that she would be starting back in a new role and moving to a different team.
The manager, on the other hand, told the WRC that he and the complainant were working through the role change process together, and that a formal offer had not yet been made. He claimed that he had intended to meet with the complainant upon her return, but that he was very busy on her first day back.
The employee told the WRC that on her second day back at work, she suffered a panic attack due to the role change and the fact that she considered it to be a significant demotion. She called in sick the next day, and did not return to work prior to resigning in March 2024.
The WRC adjudicator in the case, Patricia Owens, found that, while the grade and pay were the same for both roles, the new role “constituted a demotion for the complainant”. The adjudicator also noted that the old role was a ‘manager’ position, while the new position was a ‘lead’ position and did not involve managing a budget. She stated that it was overwhelmingly likely that the employer had already decided on the role change before the complainant returned to work and had no intention of providing her with options.
Ms. Owens concluded that the employee had been discriminated against on the grounds of gender and awarded €68,000 for breach of the Employment Equality Act 1998.
Maternity leave and discrimination: Advice for employers
Maternity leave is a complex area of HR and can cause serious issues for employers if not handled properly. It is crucial to remember that employment is protected during maternity leave, meaning that employees have the right to return to their job at the end of their leave with the same pay and benefits as they had previously.
It’s just like hitting a ‘pause’ button, regardless of operational changes.
Employers cannot change the terms of an employee’s employment for pregnancy-related reasons. Changing the employee’s role, particularly if the new role appears to be more junior, could lead to disputes, conflict, and even a discrimination claim.
Similarly, employers cannot dismiss an employee for pregnancy-related reasons. Letting an employee go for reasons linked to their pregnancy or maternity leave could lead to an unfair dismissal claim under the Unfair Dismissals Act 1977, and a discrimination claim under the Employment Equality Acts 1998–2015.
The most important thing is to be fully informed as to your rights and obligations as an employer, and to ensure that all your HR policies and procedures are informed by Irish employment legislation. Following correct procedures at all times is crucial for avoiding financial, legal, and reputational damage to your business.