The Labour Court disallowed Martina O'Sullivan's appeal against the Equality Officer's finding that BDM Stores Londis Ltd did not discriminate against her on gender grounds related to pregnancy. The determination was dated 31 March 2016.
O'Sullivan said the employer learned she was pregnant after overhearing a conversation on 8 May 2013, and that changes to shop-opening arrangements after she disclosed her pregnancy reduced her hours. BDM Stores Londis Ltd denied hearing the conversation and said it first learned of the pregnancy at a meeting on 5 June, when it told her not to lift heavy items after she reported shoulder problems.
The Court accepted the employer had not overheard the earlier conversation and was unaware of the pregnancy until 5 June. It found O'Sullivan worked about 24 hours a week after that meeting, apart from a week when she was absent for part of it. She had not shown the material impact of being asked to arrange cover with more junior staff. The Court found she had not established facts from which discrimination could be inferred.