Claimant v Vista Home Care Services Ltd
Outcome
Individual claims
The tribunal found that the reason or principal reason for the claimant's dismissal on 8 July 2024 was not related to her pregnancy, and therefore the claim under section 99 of the Employment Rights Act 1996 failed.
The tribunal found that the respondent treated the claimant unfavourably because of her pregnancy and because of pregnancy-related illness, upholding her complaint under section 18 of the Equality Act 2010.
Facts
Miss Mcardle was employed by Vista Home Care Services Ltd and was dismissed on 8 July 2024 while pregnant. She brought claims for automatic unfair dismissal related to pregnancy and pregnancy discrimination. The tribunal heard evidence over two days by video. The claimant represented herself while the respondent was represented by counsel.
Decision
The tribunal dismissed the automatic unfair dismissal claim, finding that pregnancy was not the reason or principal reason for dismissal. However, the tribunal upheld the pregnancy discrimination claim under section 18 of the Equality Act 2010, finding that the respondent had treated the claimant unfavourably because of her pregnancy and pregnancy-related illness. The claimant was awarded £5,000 for injury to feelings plus interest.
Practical note
An employer can discriminate against a pregnant employee through unfavourable treatment even where pregnancy is not the principal reason for dismissal, requiring separate analysis under section 18 Equality Act 2010.
Award breakdown
Vento band: lower
Legal authorities cited
Statutes
Case details
- Case number
- 6007575/2024
- Decision date
- 12 November 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No