Pregnant Worker Discriminated Against By Being Given Fewer Shifts

A pregnant woman has been awarded more than £15,000 by an Employment Tribunal for unfair dismissal and discrimination from being offered fewer shifts at work and later dismissed due to her pregnancy.

Ms McKnight was informed by her employer, WBI, that she would receive her P45 when she asked about maternity leave arrangements.

Ms A McKnight v F47 Ltd and WBI Ltd: 4104568/2022

Case background

In November 2021, Ms McKnight started working behind the bar at the World Up Bar and nightclub in Greenock, Inverclyde. Later that month, she accepted a new role, assistant manager at Fenwick 47, a tapas restaurant owned by the same organisation.

However, Ms McKnight never actually received a written statement of employment particulars as required by the Employment Rights Act 1996, which meant she was unsure who her employer actually was. It was determined by the Employment Tribunal that bar and restaurant operator, WBI, who operated both businesses, was her employer.

In January 2022 Ms McKnight informed restaurant manager Mr Carruthers of her pregnancy, as she was due to have the baby in September and had planned to begin her maternity leave in August. During February she experiences some sickness associated with her pregnancy. Even though she informed Mr Carruthers of this she still continued to work the majority of her usual shifts.

It wasn’t until March she started to notice she was not receiving as many shifts as usual and by mid-April Ms McKnight didn’t even appear to be on the rota despite informing her employer she was available to work.

In May, Mrs McKnight she contacted the business’ HR representative, Ms Penman, to discuss her plans for taking maternity leave to only be told that she had been “p45’d”, suggesting any conversation regarding maternity leave would be futile.

Mrs McKnight then asked Mr Carruthers for an explanation and said if sickness was a problem, she would have requested a note from her GP, to which he responded “no hard feelings.”

Mrs McKnight received no confirmation of dismissal and attempts to contact the Company after the birth of her son were unsuccessful.

Employment Tribunal decision

The Employment Tribunal said that because of her pregnancy, Ms McKnight was treated unfavourably both by being offered fewer shifts despite confirming her ability to work and not engaging in a conversation about maternity leave and pay.

The Tribunal also found her pregnancy to be the reason why the company dismissed her and therefore upheld a claim for automatic unfair dismissal (which has no minimum service requirement).

The Tribunal awarded her compensation of £15,956.40 for the dismissal, as well as an award of £9,900 for injury to feelings.

Comment

It sounds obvious but reducing someone’s hours and ignoring their communications can amount to discrimination and a dismissal as in this case.  Employers cannot bury their heads in the sand when it comes to their responsibilities to their pregnant employees.

Those pregnant and on maternity leave have a unique level of employment law protection as they have a right not to be treated unfavourably; and the Tribunals take a very broad approach to what they consider unfavourable.