During her back-to-work meeting with Managing Director Jeremy Morgan, she disclosed her pregnancy, which allegedly caught him off guard (Representational image: Pixabay) 
MedBound Blog

UK Mother Receives Compensation After Being Fired For Second Pregnancy

Protecting Pregnancy Rights in the Workplace; Landmark Case Highlights Employer Responsibility

Vaishnavi Vilas Dalvi, B. Pharm

A UK employment tribunal has awarded £28,000 in compensation to Nikita Twitchen, a former administrative assistant at First Grade Projects, who was unfairly dismissed after revealing her pregnancy upon returning from maternity leave.

Background:

Ms. Twitchen took maternity leave in 2021 and returned to work in early 2022. During her back-to-work meeting with Managing Director Jeremy Morgan, she disclosed her pregnancy, which allegedly caught him off guard. Despite initial enthusiasm for her return, the tone shifted dramatically after her revelation.

Ms. Twitchen claimed her pregnancy was the reason for her termination. The company cited financial struggles and the installation of new software making her role redundant. However, the tribunal found inconsistencies in Mr. Morgan's reasoning:

1. No mention of financial difficulties during the February meeting.

2. Failure to provide evidence of financial struggles or new software.

3. No written statement outlining reasons for dismissal.

Tribunal Ruling:

Judge Robin Harvard ruled in Ms. Twitchen's favor, stating:

1. Dismissal was unfair, discriminatory, and caused significant emotional distress.

2. Pregnancy was the primary reason for termination.

3. Loss of financial stability had a profound impact on Ms. Twitchen and her family.

The UK's Employment Rights Act 1996 and the Equality Act 2010 protect employees from unfair dismissal and discrimination based on pregnancy and maternity (Representational image: Pixabay)

Key Findings:

1. First Grade Projects liable for unfair dismissal.

2. Company failed to provide evidence supporting their claims.

3. Ms. Twitchen's pregnancy was the motivating factor for termination.

Company Response:

First Grade Projects expressed disappointment with the outcome and stated they are reviewing the decision and considering options.

Implications:

This ruling highlights the importance of protecting employees from pregnancy-related discrimination. Employers must ensure fair treatment and adherence to UK employment laws.

UK Employment Laws:

The UK's Employment Rights Act 1996 and the Equality Act 2010 protect employees from unfair dismissal and discrimination based on pregnancy and maternity.

Lessons for Employers:

1. Maintain clear communication and documentation.

2. Ensure fair treatment of employees returning from maternity leave.

3. Avoid discriminatory practices.

This case serves as a reminder of the importance of upholding employment laws and protecting employees from discriminatory practices.

Reference:

1. Reporters, Telegraph. “Mother Sacked after Getting Pregnant While on Maternity Leave Wins £28,000 Payout.” The Telegraph, October 20, 2024. https://www.telegraph.co.uk/news/2024/10/20/mother-fired-job-compensation-tribunal-pregnant-again-leave/.

(Input from various sources)

(Rehash/Vaishnavi Dalvi/MSM)

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