WRC Orders Re-engagement of Employee Dismissed Due to Discriminatory Workplace Policy on Absence

In Courtney Carter v Tesco Ireland Limited (ADJ-00049889), the Complainant brought a complaint to the Workplace Relations Commission (“WRC”) under the Employment Equality Acts 1998 – 2015 claiming that she was discriminated against on the ground of family status.

Facts: The Complainant began working for the Respondent on 23^rd October 2023 and was dismissed on 17^th December 2023, after just 13 weeks of employment. This was during her probationary period.

The Complainant was absent a number of times during her short employment due to her chronically ill child needing care and attendance at hospital visits and, on one occasion, hospitalisation. Despite producing medical certificates corroborating this, the Respondent dismissed her due to her inability to adhere to a strict attendance policy which it applied to all employees. There were no performance issues, and her dismissal was directly related to her absences to care for her child. The Respondent was able to show that it applied the relevant policy equally to all of its employees and that it was consistent in its approach.

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