Claimant v Michelle Meyer and Deborah Dior t/a Beachcombers
Outcome
Individual claims
The tribunal found that the claimant was dismissed within days of announcing her pregnancy. The respondents cited financial difficulties, but no decision to end her employment had been made before the pregnancy announcement. The tribunal concluded that increasing concern about the financial costs of the pregnancy led to increasingly drastic actions: first cutting hours, then dismissal. The decision was significantly influenced by her pregnancy.
Under section 99 Employment Rights Act 1996 and Regulation 20 Maternity and Parental Leave Regulations 1999, a dismissal for reasons connected with pregnancy is automatically unfair. The tribunal was satisfied that the principal reason for dismissal was connected with the claimant's pregnancy.
Multiple unwanted comments found to be discriminatory on grounds of pregnancy: telling the claimant she was 'too young to have a baby', saying she 'hadn't thought about the business', stating she would have to return full-time, and threatening she might have to repay £1,000 in costs. These comments were made shortly after pregnancy disclosure and were found to be tainted by discrimination.
Reducing the claimant's working hours from 40 to 30 per week just one week after she disclosed her pregnancy, citing financial issues for the first time, was found to be unfavourable treatment because of pregnancy. The respondents failed to show this was unrelated to the pregnancy.
Facts
Miss Hayler, aged 17, worked as an apprentice hairdresser from August 2022. She disclosed her pregnancy on 25 July 2023. Within days, she received negative comments about being too young, not thinking about the business, and potentially having to repay training costs. A week later her hours were cut from 40 to 30 per week. On 8 August 2023 she was told she was being made redundant for financial reasons. The respondents, a small hairdressing salon, said they had severe financial difficulties, citing a £2000 landlord bill received the day she disclosed her pregnancy.
Decision
The tribunal unanimously upheld both claims. The dismissal occurred within two weeks of the pregnancy announcement with no evidence of any prior decision to end employment. The only explanation offered was financial difficulty arising from the pregnancy. The tribunal found the treatment was significantly influenced by and connected to the pregnancy. An injury to feelings award at 10% into the middle Vento band (£13,450) was made, with a 25% ACAS uplift for complete failure to follow fair dismissal procedures. Total compensation: £24,868.
Practical note
Financial difficulties do not justify pregnancy discrimination; dismissal shortly after pregnancy disclosure will require cogent evidence that it was unrelated, and the absence of any prior redundancy plan will be fatal to a defence.
Award breakdown
Vento band: middle
Award equivalent: 129.0 weeks' gross pay
Adjustments
Respondent failed to follow ACAS Code: no proper notice of meeting, claimant not properly heard before dismissal, appeal outcome letter prepared before the appeal meeting was held. 25% uplift applied to both financial loss and injury to feelings.
Legal authorities cited
Statutes
Case details
- Case number
- 2306228/2023
- Decision date
- 19 June 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Role
- Apprentice Hairdresser
- Salary band
- Under £15,000
- Service
- 1 years
Claimant representation
- Represented
- No