Cases→6003482/2024

Claimant v Progen Power Limited

18 September 2025Before Employment Judge Mr M SalterExeterremote video

Outcome

Claimant succeeds£65,243

Individual claims

Direct Discrimination(pregnancy)succeeded

The tribunal found the respondent unlawfully discriminated against the claimant by refusing to allow her to continue in her role as Project Manager and Warehouse Manager with adjustments, refusing to allow her to perform the Operations Assistant role with at least 2 days a week working from home, and dismissing her, all on grounds of pregnancy and maternity.

Automatic Unfair Dismissalsucceeded

The tribunal found the claimant's dismissal was automatically unfair as the reason, or principal reason, for her dismissal was pregnancy or maternity, which is an automatically unfair reason under employment law.

Facts

Miss Beth Kinchin was employed by Progen Power Limited as Project Manager and Warehouse Manager. When she became pregnant, the respondent refused to allow her to continue in her role with adjustments and refused to allow her to perform an Operations Assistant role with at least 2 days working from home. The respondent subsequently dismissed her. The respondent did not attend the hearing.

Decision

The tribunal found the claimant was unlawfully discriminated against on grounds of pregnancy and maternity in relation to the refusal of adjustments, the refusal of flexible working arrangements, and her dismissal. The dismissal was also found to be automatically unfair. The tribunal awarded £11,000 for injury to feelings and £48,459 for financial loss, plus interest totalling £5,783.60.

Practical note

Refusing reasonable adjustments or flexible working arrangements for pregnant employees and dismissing them for pregnancy-related reasons will result in findings of pregnancy discrimination and automatic unfair dismissal, even where the employer does not defend the claim.

Award breakdown

Injury to feelings£11,000
Interest£5,784

Vento band: lower

Case details

Case number
6003482/2024
Decision date
18 September 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Name
Progen Power Limited
Sector
energy
Represented
No

Employment details

Role
Project Manager and Warehouse Manager

Claimant representation

Represented
No
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