Claimant v Squirrels Pre-School Rugby Limited
Outcome
Individual claims
The tribunal found that the claimant was constructively unfairly dismissed. The respondent's conduct was sufficiently serious to entitle the claimant to treat the employment contract as terminated without notice.
The tribunal determined that the reason or principal reason for the dismissal was pregnancy, childbirth or maternity, making it automatically unfair under employment law provisions protecting pregnant workers.
The claim succeeded in relation to allegations 4.1.2 to 4.1.6 concerning a meeting on 2 October 2023, and partially in relation to 4.1.9 concerning a comment about the birth of the claimant's child. Other allegations relating to return to work and grievance procedures failed.
The tribunal found unfavourable treatment because of something arising in consequence of the claimant's disability. The respondent subjected the claimant to detriment connected to her disability.
The complaint of indirect disability discrimination succeeded in relation to the disability of dyslexia. The respondent applied a provision, criterion or practice that put the claimant at a particular disadvantage because of her dyslexia.
The tribunal did not find indirect disability discrimination in relation to discrimination by association concerning autism. The claim relating to a connection with someone with autism was not established.
The tribunal found that when proceedings began, the respondent was in breach of its duty under section 4(1) ERA 1996 to provide written particulars of change to employment particulars.
Facts
Mrs James worked for a pre-school and became pregnant. She took pregnancy-related absence from June 2023 and returned to work. On 2 October 2023, there was a significant meeting where multiple issues arose relating to her pregnancy and maternity. She subsequently raised grievances, but comments were made about the birth of her child during the appeal process. Mrs James has dyslexia and has a connection to someone with autism. She resigned and claimed constructive dismissal.
Decision
The tribunal found that Mrs James was constructively and automatically unfairly dismissed because the principal reason was her pregnancy, childbirth or maternity. The pregnancy discrimination claim succeeded in relation to treatment at the October 2023 meeting and comments about childbirth. The disability discrimination claims succeeded for dyslexia (both direct and indirect discrimination) but failed regarding discrimination by association with autism. The respondent also breached its duty to provide written particulars of employment changes.
Practical note
Employers must be extremely careful not to allow pregnancy, maternity, or disability to influence employment decisions or workplace treatment, as such conduct can lead to both unfair dismissal and discrimination findings, including automatic unfair dismissal for pregnancy-related reasons.
Legal authorities cited
Statutes
Case details
- Case number
- 1303004/2024
- Decision date
- 16 May 2025
- Hearing type
- full merits
- Hearing days
- 4
- Classification
- contested
Respondent
- Sector
- education
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- Yes
- Rep type
- lay rep