€51,000 WRC Award Highlights Employer Risks Around Parental Leave
A recent Workplace Relations Commission decision highlights the significant risks employers face when workplace decisions are linked, or appear to be linked, to an employee exercising family leave rights.
A senior sales manager was awarded over €51,000 after the WRC found that he had been discriminated against on family status grounds and penalised after taking statutory leave.
For employers, the case is a strong reminder that parental leave and parent’s leave must be handled carefully, consistently and without any adverse treatment.
Background to the Case
The employee was a senior sales manager earning €125,000 per year.
He had already been approved to take a period of parental leave when, during a meeting, he was told there “might be no role available” for him on his return if he went ahead with the leave.
The employee said he viewed this as a threat. Shortly afterwards, his approved leave was withdrawn, though it was later reinstated.
He proceeded to take leave between August and October 2025.
After returning to work, he said he was subjected to a range of negative measures, including:
- Changes to his reporting line;
- Lack of clarity around his role and duties;
- Exclusion from normal work communications;
- Being placed on a performance improvement plan;
- Extension of his probationary period;
- A final written warning.
He was later issued with notice of dismissal.
What the WRC Found
The WRC found that the statement that there “might be no role available” if the employee took leave amounted to discrimination on the ground of family status under the Employment Equality Acts.
The adjudicator awarded three months’ pay for that breach.
The WRC also found that the treatment following his return from leave amounted to penalisation.
The adjudicator was satisfied that there was a clear and direct link between the adverse treatment and the employee exercising his statutory entitlement to leave.
The employee was also awarded compensation for breaches relating to working time and an unpaid pension contribution.
The total award came to €51,004.20.
Key Employer Lessons
1. Never Suggest Leave Could Put Someone’s Job at Risk
Employers should avoid any suggestion that taking statutory leave could affect:
- Job security;
- Promotion prospects;
- Reporting lines;
- Performance treatment;
- Future opportunities.
Even informal comments can become central evidence in a WRC claim.
A statement made in frustration or uncertainty can later be interpreted as a threat.
2. Approved Leave Should Not Be Withdrawn Without Careful Review
Where leave has already been approved, any attempt to withdraw or interfere with that approval must be handled with extreme caution.
Employers should ensure there is a lawful basis, clear documentation and fair communication before changing any approved statutory leave arrangement.
3. Post-Leave Treatment Will Be Closely Examined
The WRC looked carefully at what happened after the employee returned.
Employers should be especially cautious about placing an employee on a PIP, issuing warnings, changing duties, changing reporting lines or excluding them from communications shortly after family leave.
If such measures are genuinely required, the employer must be able to prove that they are unrelated to the leave.
4. Performance Management Must Be Evidence-Based
Employers are entitled to manage performance.
However, performance processes introduced shortly after protected leave may be scrutinised closely.
Before taking action, employers should have:
- Clear performance concerns;
- Supporting evidence;
- Documented communications;
- Fair warning;
- An opportunity for the employee to respond.
5. Family Leave Rights Are Protected
Employees exercising parental leave, parent’s leave or other family-related statutory rights must not be penalised for doing so.
Penalisation can include dismissal, demotion, reduced responsibilities, disciplinary action, negative treatment or exclusion from workplace communications.
Working Time Issues Can Add Further Exposure
The WRC also accepted evidence that the employee worked additional weekend hours and awarded compensation for breaches of Sunday premium and weekly rest entitlements.
This is an important reminder that seniority does not remove working time obligations.
Employers should ensure working time practices are compliant, particularly where senior staff are expected to be available outside normal hours.
Practical Steps for Employers
To reduce risk, employers should:
- Train managers on family leave protections;
- Avoid comments linking leave to job security;
- Document all decisions affecting employees before and after leave;
- Ensure performance management is evidence-based;
- Communicate clearly before changing roles or reporting lines;
- Review working time obligations for senior employees;
- Seek advice before taking action close to protected leave.
The Bigger Message for Employers
This decision reinforces a simple but important principle:
Employees should not suffer negative consequences because they exercise statutory family leave rights.
Where adverse treatment follows shortly after leave, employers must be able to show a clear, legitimate and well-documented reason for their actions.
Poor communication, unclear management decisions and poorly timed performance measures can quickly become costly employment claims.
How Ormonde Solicitors Can Help
At Ormonde Solicitors, we advise employers on:
- Parental leave and parent’s leave obligations;
- Family status discrimination;
- Performance management;
- Disciplinary procedures;
- Working time compliance;
- WRC defence and representation.
Early advice can help employers manage workplace issues fairly while reducing legal risk.
📞 Contact us today for confidential guidance.
Disclaimer: This article is for general information purposes only and does not constitute legal advice.
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