Employment and an Egregious Case of Pregnancy/Maternity Discrimination

Employers who discriminate against pregnant women or new mothers can expect to reap a bitter harvest of financial and reputational damage. An Employment Tribunal (ET) made that point in describing a woman’s suspension and dismissal whilst on maternity leave as one of the most egregious acts of…

Dec 13, 2021

Pregnant business woman 1024x683

Employers who discriminate against pregnant women or new mothers can expect to reap a bitter harvest of financial and reputational damage. An Employment Tribunal (ET) made that point in describing a woman’s suspension and dismissal whilst on maternity leave as one of the most egregious acts of discrimination possible.

The woman’s boss viewed it as highly inconvenient when she and another employee became pregnant at roughly the same time and decided to engineer their departure. Not much more than a week before she gave premature birth to her child, she was accused of misconduct and suspended. She was still recovering from the delivery when she was dismissed, purportedly on grounds of gross misconduct.

The ET found that she was subjected to an entirely spurious and vindictive process that was designed to drive her from her job. She was given no detail of the trumped-up charges against her; there was no hearing and she was given no right of appeal. During part of the blatantly unfair process, her baby was in intensive care.

Her suspension when she was in the advanced stages of pregnancy was designed to have maximum effect upon her. Payment of her wages was delayed in the hope that she would resign. In an attempt to somehow avoid liability for maternity pay, the date of her dismissal was spuriously back-dated to the day before she gave birth. Without consultation, her employment was transferred to a company that lacked funds with which to pay her.

The ET described the boss’s behaviour when giving evidence as arrogant and misogynistic. Prompted by a desire to throw some dirt at the woman, he made wide-ranging, lurid and entirely fanciful allegations against her and her relatives. A senior manager, whilst doing the boss’s bidding, was considered by the ET to be equally to blame for the woman’s treatment.

The woman’s employer, her boss and the manager were ruled jointly and severally liable for the acts of pregnancy or maternity discrimination she endured. The ET also found that her dismissal was unfair and that there had been a failure to comply with the Transfer of Undertakings (Protection of Employment) Regulations 2006. She had not received four days’ holiday pay. Overall, she was awarded more than £90,000 in compensation, including £25,200 for injury to her feelings.

After the award was challenged, various issues were resolved by agreement or otherwise. It was, amongst other things, agreed that the boss and the manager were not personally liable in respect of the unfair dismissal and holiday pay awards. A modest downward amendment was also made in the light of a calculation error made by the ET. All live issues that came before the Employment Appeal Tribunal were, however, resolved in the woman’s favour.

Workplace Harassment Can Be Downright Cruel – You Don’t Have to Take It

Harassment in the workplace can descend into downright cruelty and employers who fail to stamp out such behaviour can expect to pay a heavy reputational and financial price. In a case on point, a sandwich shop worker who endured her line manager’s wounding comments received substantial compensation. The woman, who was in her probationary period at the shop, was being treated for a number of medical conditions, which amounted to a disability. Her numerous allergies required her to carry an…

Service Charges Dispute Focuses on Report of ‘Intolerable’ Fire Risk

Tenants are only obliged to pay service charges that have been reasonably incurred. That principle was the focus of a guideline case concerning two apartment blocks which, according to an expert report, posed an intolerable fire risk. Previous fire inspections of the blocks had uncovered no serious problems so that the report, which found combustible materials in their external walls, came as a bolt from the blue. The landlord’s response was to place a 24-hour waking watch on the blocks as an…

Dismissal for Failure to Disclose Earlier Dismissal Not Unfair

The Employment Appeal Tribunal (EAT) has rejected a man’s appeal against a decision that he had not been unfairly dismissed for failing to disclose a previous dismissal and a subsequent three-month employment gap on his job application. The man had started working for the Home Office in 2002. In 2016 he was dismissed for gross misconduct. He brought Employment Tribunal (ET) proceedings and a conciliation settlement was reached, the terms of which did not alter the basis of his dismissal. In…