Claimant v Lucky Little Stars
Outcome
Individual claims
The tribunal found that the claimant was offered a job which was withdrawn on 5 August 2024, only three days after the claimant disclosed her pregnancy on 2 August 2024. The respondent's stated reason (lack of references and PVG) was not credible given the short timescale (only 8 working days since PVG application) and the fact that the respondent was aware of delays (nursery closed for summer, e-mail address error). The tribunal concluded pregnancy was the main reason for withdrawal, constituting unfavourable treatment under section 18 of the Equality Act 2010.
Facts
The claimant applied for a nursery practitioner role and was offered the job on 18 July 2024, subject to references and PVG check. She completed paperwork on 24 July 2024 but there were delays with the PVG e-mail (sent to wrong address) and references (nursery closed for summer). On 2 August 2024 the claimant disclosed her pregnancy. On 5 August 2024, only three days later and eight working days after the PVG application, the respondent withdrew the job offer stating it was due to lack of consistency for children as she would go on maternity leave after six months. An unsatisfactory reference was received on 8 August 2024, after the withdrawal.
Decision
The tribunal found the withdrawal of the job offer was because of the claimant's pregnancy, not the stated reasons of lack of references and PVG. The timeline showed the respondent acted very quickly after disclosure and had not allowed reasonable time given known delays. However, the tribunal applied a 100% Polkey reduction on the basis that the job offer would have been withdrawn anyway three days later due to the unsatisfactory reference received on 8 August 2024. The claimant was awarded £3,000 injury to feelings plus interest.
Practical note
Withdrawing a job offer shortly after pregnancy disclosure will be found to be pregnancy discrimination even if there are other stated reasons, unless the employer can show they allowed reasonable time and those reasons were genuinely operative.
Award breakdown
Vento band: lower
Adjustments
The tribunal found that on the balance of probabilities, the job offer would have been withdrawn anyway following receipt of the unsatisfactory reference on 8 August 2024, only three days after the actual withdrawal. Accordingly, there was no loss of earnings awarded.
Legal authorities cited
Statutes
Case details
- Case number
- 8001928/2024
- Decision date
- 30 July 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- education
- Represented
- Yes
- Rep type
- self
Employment details
- Role
- Nursery practitioner
Claimant representation
- Represented
- Yes
- Rep type
- lay rep