Claimant v Simply Solutions (Europe) Limited

The complaint of breach of contract and wrongful dismissal at common law was withdrawn by the claimant with consent to dismissal.

The tribunal found that the claimant was not able to establish primary facts from which discrimination could be provisionally assumed. Where she could establish such facts, the evidence rebutted the presumption that the treatment (e.g. lack of updates on appeal, no appeal meeting, content of communications) was because of her pregnancy.

The tribunal found that the treatment alleged (including dismissal and various procedural failings) was not unfavourable treatment because of pregnancy. The evidence showed that performance concerns had been raised during probation and dismissal was for legitimate performance reasons, not pregnancy.

The sole reason for dismissal was that the claimant had not performed well enough during her probationary period (timekeeping, communication, collaboration, team management, self-development, decision making). Pregnancy was not the sole or main reason for dismissal, nor was it a significant influence.