Outcome
Individual claims
The tribunal found the claimant was unfairly constructively dismissed. The respondent's conduct was such that it entitled the claimant to resign and treat herself as dismissed, and the dismissal was unfair under the Employment Rights Act 1996.
The claim under Section 18 of the Equality Act 2010 succeeded in part. The tribunal found discrimination in relation to the respondent's failure to carry out a risk assessment during pregnancy, failure to deal appropriately with issues raised in an email dated 16 October 2020, and in relation to the constructive dismissal.
The tribunal found that the remaining complaints of direct discrimination under Section 13 of the Equality Act 2010 were not well founded and dismissed them.
The tribunal found that the claim of detriment contrary to Section 47C of the Employment Rights Act 1996 was not well founded and dismissed it.
Facts
The claimant, Ms Hinds, was employed by Mitie Limited and became pregnant. She raised concerns in an email to Mr Kalley dated 16 October 2020 about issues during her pregnancy. The respondent failed to carry out a proper risk assessment during her pregnancy and failed to deal appropriately with the issues she raised. The claimant subsequently resigned and claimed constructive dismissal.
Decision
The tribunal found the claimant was unfairly constructively dismissed and succeeded in part with her pregnancy discrimination claim under Section 18 of the Equality Act 2010. The discrimination related to the failure to conduct a risk assessment, failure to address concerns raised, and the constructive dismissal itself. Her claims of direct discrimination and whistleblowing detriment were dismissed.
Practical note
Employers must properly risk assess pregnant employees and deal appropriately with concerns they raise, as failure to do so can constitute pregnancy discrimination under Section 18 of the Equality Act 2010 and may support a constructive dismissal claim.
Legal authorities cited
Statutes
Case details
- Case number
- 3322885/2021
- Decision date
- 13 February 2024
- Hearing type
- full merits
- Hearing days
- 5
- Classification
- contested
Respondent
- Name
- Mitie Limited
- Sector
- professional services
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No