Employee dismissed after announcing pregnancy wins pregnancy discrimination claim

An employee who informed her employer a few weeks after joining an organisation that she was pregnant has won a claim for pregnancy discrimination and unfair dismissal after being dismissed due to being pregnant and having a history of pregnancy related illnesses.

In the case, Ms Leitch, the new employee joined CIS Services in May 2021 as an administration assistant. After several weeks of employment, she informed the company of her pregnancy where upon she was told that she was not entitled to maternity leave as she had not signed her contract. The employer then sought to terminate Ms Leitch’s employment under the guise of a mutual agreement. However, when she challenged this view her manager then wrote to her and informed her that she had been dismissed.

The tribunal found that the reason the manager decided to terminate Ms Leitch’s employment was her pregnancy and her previous history of pregnancy-related illness.

The tribunal ruled in her favour, and she was awarded £15,000 in compensation.

The case reflects issues facing expectant mothers across the UK. Research by Culture Shift found 26% of expectant mothers are reluctant to inform their employer of their pregnancy due to concerns about negative reactions from colleagues and managers. This level of concern increases to 46% where expectant mothers have been employed for less than six months.

Pregnancy and maternity discrimination are now the fifth most common claims made to Employment Tribunals. The discrimination commonly appears as:

• Shame redundancies
• Offensive comments to pregnant employees
• Failure to implement flexible working options
• Being overlooked for promotion

Learning for employers

• Employers must ensure workplaces are inclusive environments where employees are treated fairly and in compliance with legislation. Line managers need to be trained on how to avoid discriminating against pregnant employees at each stage of the employment journey.
• Discriminatory practices can slip into recruitment processes and selection decisions, in granting access to training, in promotion or development opportunities, in determining pay rates and organisational restricting.
• Managers at all levels have a duty to ensure pregnant workers are protected from unfair practices.

Source: Gavin Parrott