Woman's Case of Pregnancy Discrimination & Unfair Dismissal upheld
HR Administrator win claims for pregnancy discrimination
Despite the legislation that has been put in place to protect pregnant women, sadly companies continue to fall foul of the law and discriminate against women whilst they are pregnant and/or on maternity leave.
This was so in the case of Miss L Powell v One Transport UK Ltd (formerly The Green Charging Co Ltd): 6000245/2023heard before the ET on 20 February 2024.
Background to this employment law case
The Claimant, Ms Powell, was employed with One Transport Company Ltd, as HR Administrator for less than 2 years.
The Claimant informed her employer that she was pregnant. Shortly thereafter, she was invited to attend a Probation Review Meeting. The Respondent raised concerns about the Claimant’s performance and instead of addressing this via the capability procedure the Respondent instead offered the Claimant an alternative role on less money and hours. In addition, the Claimant was required to attend the office daily unlike the rest of her colleagues who worked remotely. As a result of this discriminatory treatment the Claimant was signed off sick with stress and later tendered her resignation.
The Claimant issued claims for direct discrimination and automatic constructive unfair dismissal.
The Tribunal found there was “no explanation from the company as to why it was necessary for Ms Powell to work solely in the office”.
Judge Catherine said the allegations of misconduct were “exaggerated and trumped-up” and upheld the claims of automatic unfair dismissal and pregnancy discrimination.
The Claimant was awarded damages totalling £19,600, to include £15,000 injury to feelings.
Karinna Foster, Paralegal
Employment Team, Lawson West Solicitors, Leicester
Following the general election, the Labour party intend to impose several changes to Employment law. If you are pregnant or making plans to start a family and unsure of your legal rights, then please get in touch with our employment department for expert advice.
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