Dublin café operator must pay €35,000 over pregnancy bias

Connolly stated that the court found that on the balance of probabilities, Hughes was subject to less favourable treatment on the grounds of her gender after she informed the chief executive, McCaffrey, of her pregnancy on August 2nd 2022. The court found that the less favourable treatment was part of a continuum or chain of discriminatory acts linked to Hughes’s pregnancy and maternity leave status.

On language used at work, Connolly stated that the court found that McCaffrey’s “reference to Ms Hughes and other female employees as ‘girls’ displayed a generally patronising attitude towards female employees”. Connolly stated that the court accepted Hughes’s contention that McCaffrey appeared not to be happy about her being pregnant from the outset.

The court accepted Hughes’s undisputed evidence that McCaffrey shouted at her on several occasions. In one example given in evidence, Hughes said that on two occasions, when she tried to engage in a conversation between a colleague and McCaffrey about DASH issues, he shouted at her, “I am not talking to you”. McCaffrey told the hearing that he had no recollection of ever shouting at Hughes.

Connolly stated that the court found McCaffrey’s “evidence on significant matters to be vague, evasive and inconsistent at times”. Hughes also gave evidence about contact outside working hours, stating that McCaffrey regularly contacted her outside of her working hours when she was pregnant, that the messages were often unclear and confusing and some were sent as late as 2:07am.

A central part of the decision concerned arrangements for Hughes’s absence. Connolly found McCaffrey’s failure to put plans in place for maternity leave cover, and his request that Hughes work during her absence on maternity leave, “demonstrates a dismissive attitude towards the complainant and the inconvenience he regarded her pregnancy to be”.

Mr McCaffrey (62) accepted that he asked Hughes to work during her maternity leave. Hughes claimed that the firm’s discriminatory treatment towards her led her to resign from her post in June 2023.

McCaffrey also operates the Hole in the Wall pub beside the Phoenix Park along with several coffee shops in various locations around Dublin. In all, McCaffrey employs 60 staff across three strands of the business: a public house, coffee shops and whiskey/gin production and sales.

Irish equality law reflects long-standing European principles on pregnancy at work. Oireachtas archive material explains that treatment on grounds of pregnancy was treatment that could only be afforded to women and had to be direct sex discrimination which could not be justified.

That background helps explain why events after notification of pregnancy and around maternity leave received close attention in this case. The Labour Court examined whether the treatment formed a linked course of conduct rather than isolated incidents.

The same archive material states that a determination of the Labour Court is legally binding, with appeal beyond that court limited. It states: “A determination of the Labour Court is legally binding and an appeal lies from there to the High Court on a point of law only.”