An employer’s handling of a pregnant employee’s performance issues was found to be sex discrimination on grounds of pregnancy and her dismissal unfair. The one year’s service requirement does not apply in an unfair dismissal claim where the reason for dismissal is the employee’s pregnancy so the employee was able to bring a claim despite having less than a year’s service.
In Achonwa v Independence Homes Ltd, the employee was invited to a probationary review meeting after five months of employment. The employer knew the employee was pregnant. Although the employee was absent with a pregnancy-related sickness, the employer continued with the meeting in her absence. The meeting discussed seven performance issues against the employee, including falling asleep on duty and an unacceptable level of sickness absence. The employer dismissed the employee on disciplinary grounds, despite the disciplinary procedure expressly stating it did not apply during the probationary period. The employee appealed but the employer dismissed the appeal on the grounds that the appeal did not meet the criteria specified in the disciplinary procedure, even though the disciplinary procedure did not actually apply.
The employee made an Employment Tribunal claim for unfair dismissal and sex discrimination, arguing that she had been dismissed because of her pregnancy.
The Employment Tribunal found that only two of the performance issues raised against the employee had any merit and neither justified dismissal. A further two issues were pregnancy-related. The Employment Tribunal found that the employer had failed to take account of the employee’s pregnancy in their handling of both the review meeting and her appeal and that their handling of the performance issues was heavily influenced by the fact the employee was pregnant and likely to incur further pregnancy-related absences. Therefore the main reason for dismissal was pregnancy so the employee’s unfair dismissal and sex discrimination claim was upheld.
If you have been treated less favourably at work because of pregnancy or have been disciplined for sickness absence that has been pregnancy-related, please contact either Ashley Hunt, Vaishali Thakerar or Carrie-Ann Randall now on 0116 212 1000 or complete one of the on-line forms. Please also see Lawson-West’s Pregnancy at Work and Maternity Leave Resources page which details your rights whilst pregnant at work to taking maternity leave and lists news articles which may be of interest.
In Achonwa v Independence Homes Ltd, the employee was invited to a probationary review meeting after five months of employment. The employer knew the employee was pregnant. Although the employee was absent with a pregnancy-related sickness, the employer continued with the meeting in her absence. The meeting discussed seven performance issues against the employee, including falling asleep on duty and an unacceptable level of sickness absence. The employer dismissed the employee on disciplinary grounds, despite the disciplinary procedure expressly stating it did not apply during the probationary period. The employee appealed but the employer dismissed the appeal on the grounds that the appeal did not meet the criteria specified in the disciplinary procedure, even though the disciplinary procedure did not actually apply.
The employee made an Employment Tribunal claim for unfair dismissal and sex discrimination, arguing that she had been dismissed because of her pregnancy.
The Employment Tribunal found that only two of the performance issues raised against the employee had any merit and neither justified dismissal. A further two issues were pregnancy-related. The Employment Tribunal found that the employer had failed to take account of the employee’s pregnancy in their handling of both the review meeting and her appeal and that their handling of the performance issues was heavily influenced by the fact the employee was pregnant and likely to incur further pregnancy-related absences. Therefore the main reason for dismissal was pregnancy so the employee’s unfair dismissal and sex discrimination claim was upheld.
If you have been treated less favourably at work because of pregnancy or have been disciplined for sickness absence that has been pregnancy-related, please contact either Ashley Hunt, Vaishali Thakerar or Carrie-Ann Randall now on 0116 212 1000 or complete one of the on-line forms. Please also see Lawson-West’s Pregnancy at Work and Maternity Leave Resources page which details your rights whilst pregnant at work to taking maternity leave and lists news articles which may be of interest.
