Miscarriage, Dismissal & Fair Procedures: What Employers Can Learn from a Recent €8,000 WRC Award
A recent decision of the Workplace Relations Commission (WRC) highlights a critical reminder for employers: context matters — and so do fair procedures.
A sushi chef was awarded €8,000 in compensation for unfair dismissal after her employment was terminated just days after she suffered a miscarriage.
The case involved Michie Sushi, an award-winning restaurant operated by Beacon Sushi Limited in Sandyford, Dublin.
While the compensation awarded was modest, the legal principles reinforced by the adjudicator carry significant weight for employers across all sectors.
The Background
The employee had worked for the business for approximately 18 months. In October 2024, she informed her employer that she was pregnant.
On December 7th, she texted the managing director explaining that she was bleeding at work and experiencing pain. Two days later, she suffered a miscarriage. A colleague subsequently informed management of the situation.
Within days, she received a termination letter via WhatsApp, giving her two weeks’ notice — which she was expected to work.
The employer later argued that the dismissal was linked to failure to follow absence-reporting procedures and prior timekeeping issues.
What the WRC Found
The adjudicator was clear:
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The termination letter did not outline reasons for dismissal.
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No meeting was held.
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No opportunity to respond was provided.
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No appeal process was offered.
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No meaningful consideration was given to the employee’s medical circumstances.
While the employee had technically failed to personally notify the employer of her absence in line with company policy, the adjudicator stressed that “context was crucial.”
Relying on procedural technicalities, in circumstances involving miscarriage and medical distress, was found to be neither reasonable nor proportionate.
Most significantly, the employer failed to follow basic principles of natural justice and fair procedures.
The WRC awarded €8,000 for unfair dismissal.
Why This Case Matters for Employers
This case is not simply about pregnancy or miscarriage. It is about process.
Even where:
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There are existing performance concerns,
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There are prior warnings,
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There may be policy breaches,
An employer must still:
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Clearly outline concerns in writing.
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Invite the employee to a formal meeting.
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Allow representation.
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Consider medical or mitigating circumstances.
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Provide an opportunity to appeal.
Skipping these steps — particularly during a sensitive personal crisis — exposes a business to significant legal and reputational risk.
The Bigger Risk: It’s Not Just €8,000
While €8,000 may not seem catastrophic, employers should consider:
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Legal costs
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Management time spent defending claims
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Public reporting of WRC decisions
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Reputational damage
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Impact on staff morale
More serious cases can result in substantially higher awards — particularly where discrimination claims are added.
In emotionally charged situations such as miscarriage, illness, or bereavement, employers must proceed with caution, empathy and procedural compliance.
Practical Takeaways for Employers
If an employee experiences a miscarriage or serious medical event:
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Pause before making disciplinary decisions.
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Seek medical clarification where appropriate.
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Separate performance issues from protected circumstances.
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Follow formal procedures — every time.
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Document your rationale carefully.
Compassion and compliance are not opposites — they work best together.
Final Thoughts
This decision reinforces a simple but critical message:
Policies matter. Procedures matter. Context matters most of all.
For employers, the safest course is proactive advice before taking steps that could end employment — especially where pregnancy or medical issues are involved.
Sensitive situations require steady, informed decision-making — not reactive responses.
📞 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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