Cases2306228/2023

Claimant v Michelle Meyer and Deborah Dior t/a Beachcombers

19 June 2025Before Employment Judge E FowellCroydonremote video

Outcome

Claimant succeeds£24,868

Individual claims

Direct Discrimination(pregnancy)succeeded

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.

Automatic Unfair Dismissalsucceeded

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.

Harassment(pregnancy)succeeded

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.

Detriment(pregnancy)succeeded

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

Basic award£100
Injury to feelings£13,450
Interest£2,880

Vento band: middle

Award equivalent: 129.0 weeks' gross pay

Adjustments

ACAS uplift+25%

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

Nagarajan v London Regional Transport [2000] 1 AC 501Barton v Investec Henderson Crosthwaite Securities Ltd [2003] ICR 1205Alcedo Orange Ltd v Mrs G Ferridge-Gunn [2023] EAT 78Vento v Chief Constable of West Yorkshire Police [2003] ICR 318Corus Hotels plc v Woodward [2005]Evans v Oaklands Nursing Home Group Ltd [1999]Igen v Wong [2005] ICR 931

Statutes

Equality Act 2010 s.18Maternity and Parental Leave Regulations 1999 Reg 20Equality Act 2010 s.136Employment Rights Act 1996 s.99

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