In Ms Mushapho v Rose Finlay Pharmacy, a pharmacist was awarded €50,000 following pregnancy discrimination at work. Just weeks after announcing her pregnancy, she was told she would have to accept a demotion or face dismissal.

Read on as we examine the facts of the case and the Irish tribunal’s judgment. We then outline why, despite it occurring in Ireland, this case is relevant under UK law. Finally, we establish the steps others can take if they believe they’ve faced something similar.

If you have any questions about workplace pregnancy rights or think your rights have been breached, contact us. Redmans Solicitors are employment specialists. Following a brief chat, we can provide answers and discuss your possible next steps. Should you be eligible, we can also guide you through each stage of the legal process to bring a claim.

Begin your journey with us now by:

• Phoning us on 020 3397 3603
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The Facts in Ms Mushapho v Rose Finlay Pharmacy

Background to the Pregnancy Discrimination at Work Case

Ms Mushapho (the “Claimant”) began working as a supervising pharmacist for Rose Finlay Pharmacy (the “Respondent”) on 12 November 2024. During the Christmas period, she managed her team well and subsequently received positive feedback about her performance.

However, a “rapid shift in her treatment” occurred after the Claimant disclosed her pregnancy on 18 February 2025. Over the following weeks, the Respondent became unhappy with her, even disclosing that it was “disappointed in her performance.” This led to an external consultant being engaged on 7 March to review her performance, and resulted in her being pushed towards demotion to avoid dismissal later that month.

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The Claimant, however, refused demotion, causing her to be dismissed on 28 March. She consequently brought claims to the Workplace Relations Commission (WRC), Ireland’s equivalent of the Employment Tribunal in the UK.

Following the proceedings, the WRC ruled in favour of the Claimant, stating that she’d faced pregnancy discrimination at work. It stated that, as the Respondent didn’t attend the hearing to justify its decision, no other reasoning, other than the Claimant’s pregnancy, could explain her dismissal. Taking into account factors including the pharmacist’s salary, it therefore awarded her €50,000 in compensation.

Please note: UK Employment Tribunal awards follow different statutory guidelines and may vary from Irish tribunal figures.

Relevance to UK Employment Law

While this matter took place in Ireland, the relevant facts translate to pregnancy rights at work in the UK. Under the Equality Act 2010, individuals are protected against unfavourable treatment arising due to their protected characteristics.

Pregnancy is one such characteristic. Consequently, pregnant individuals are protected against:

• Direct discrimination: Unfavourable treatment, such as dismissal or demotion, arising specifically because someone is pregnant
• Indirect discrimination: A workplace policy that applies to everyone but disproportionately impacts individuals who are pregnant, such as attendance records that don’t account for hospital appointments
• Harassment: Unwanted treatment related to pregnancy that has the intent or effect of violating a pregnant individual’s dignity or creates a hostile, offensive or humiliating environment for them
• Victimisation: Facing detriment after bringing a pregnancy discrimination claim or supporting another in making one

If an employer fails to uphold pregnant employee rights, it may open itself to legal and non-legal repercussions. Someone affected could bring a claim through the Employment Tribunal, potentially resulting in an order to pay compensation. Yet, being guilty of pregnancy discrimination at work could also cause the employer significant reputational damage. It could impact staff morale, create issues attracting and retaining talent and impact consumer decision-making following an altered public opinion. Because of this, it’s important for employers to adhere to their legal obligations.

Steps to Take if Your Rights are Breached

If an individual believes their pregnancy rights at work have been breached, several options are available to seek justice. Before proceeding down any route, though, it’s wise to gather evidence, including emails or written correspondence. While an Employment Tribunal claim may not be necessary, if one is required, evidence could strengthen one’s case and increase the likelihood of a successful outcome.

Once evidence has been gathered, the next step is to consider internal dispute avenues. Depending on the circumstances and the severity of the incident, an informal chat with HR or a manager could provide a swift solution. If a resolution cannot be found at this stage, however, or it’s deemed inappropriate, a formal grievance may be more suitable. Either way, resolving the matter internally avoids the potential stresses and costs associated with more formal proceedings.

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Where internal avenues fail to provide a satisfactory outcome, the next step is to submit an early conciliation notification to Acas. This process is free and independent. It’s also required before most claims can proceed to an Employment Tribunal, making it an essential step.

If all else fails, the final option is to bring a claim to the Employment Tribunal. Strict eligibility criteria and time limits must be adhered to in order to proceed. However, if met and the claim is ultimately successful, compensation may be awarded.

Faced Pregnancy Discrimination at Work? Get Help with Redmans

If you think your workplace pregnancy rights have been breached, it’s recommended to seek expert advice early, given the time limits to bring a claim. Redmans Solicitors are experts in the employment sector, and following a quick chat, we can assess your case, provide answers and discuss your options going forward. We can also determine your eligibility to bring a claim, and guide those eligible through each stage of the process.

To learn more about how we could help you, please:

• Call us directly on 020 3397 3603
• Fill out our online form with your details to request a consultation