Claimant v Ms Elizabeth Antwi (trading as Morning Glory Pre-School)
Outcome
Individual claims
The tribunal found that the claimant was automatically unfairly dismissed contrary to Section 99 Employment Rights Act 1996 due to her pregnancy. The dismissal was connected to her pregnancy status and therefore unlawful under the pregnancy-related automatic unfair dismissal provisions.
The tribunal concluded that the claimant was discriminated against because of her pregnancy contrary to Section 18 Equality Act 2010. The respondent's treatment of the claimant was directly linked to her pregnancy, constituting unlawful pregnancy discrimination.
Withdrawn by claimant
Facts
Ms Tahiya was employed at Morning Glory Pre-School operated by Ms Elizabeth Antwi. She was dismissed on 1 February 2024 due to her pregnancy. The claimant worked for a weekly gross pay of £354. The respondent failed to provide her with written employment particulars at the start of her employment. The claimant brought claims for automatic unfair dismissal, pregnancy discrimination, and unlawful deduction of wages.
Decision
The tribunal found in favour of the claimant on her claims of automatic unfair dismissal and pregnancy discrimination. The unlawful deduction claim was withdrawn. The tribunal awarded £11,000 for injury to feelings, £6,142.19 for past loss of earnings (including maternity allowance set-off), and £1,404.03 in interest. An additional £708 was awarded under Section 38 Employment Act 2002 for failure to provide written particulars. The total award was £18,546.22.
Practical note
Dismissing an employee because of pregnancy constitutes both automatic unfair dismissal under Section 99 ERA 1996 and pregnancy discrimination under Section 18 EqA 2010, with tribunals awarding compensation for both injury to feelings and financial loss.
Award breakdown
Vento band: lower
Legal authorities cited
Statutes
Case details
- Case number
- 3200827/2024
- Decision date
- 13 March 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- education
- Represented
- Yes
- Rep type
- solicitor
Employment details
Claimant representation
- Represented
- No