Tribunal Raises Award For ‘Emotional and Tearful’ Pregnant Accounts Manager From £35k to £350k

In Ms Nicola Hinds v Mitie Limited, a pregnant account manager won her claims for discrimination and constructive dismissal. Despite initially being awarded around £35,000, a new ruling has increased her compensation to more than £350,000.

Read on as we explore what transpired and the employment tribunal’s judgment. We will outline employees’ pregnancy and maternity rights and discuss what they can do if their rights have been violated.

If you have any questions, believe you’ve experienced pregnancy discrimination, or think your maternity rights have been breached, contact us. Redmans Solicitors are employment law specialists, meaning we can analyse your case and advise you on how to proceed.

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The Facts in Ms Nicola Hinds v Mitie Limited

Pregnant Account Manager Labelled “Emotional and Tearful”

Ms Nicola Hinds (“The Claimant”) was an account manager for Mitie Limited (“The Respondent”). While on annual leave, which commenced on 6 April 2020, she found out she was pregnant. Following this discovery, she told her manager in her first week back, formally notifying the respondent on 23 July.

Unfortunately, after the pregnant account manager informed the respondent, she noticed a shift in attitudes towards her work and responsibilities. She claimed the respondent said, “Being more admin-based at home will benefit you now your circumstances have changed”. To worsen matters, no risk assessment was undertaken following this notification.

Then, on 16 October, the claimant raised several concerns. Among them, she disclosed that on two separate occasions that month, she’d experienced panic attacks. She attributed this to work-related stress and anxiety and claimed she was experiencing disrupted sleep. Getting to the root cause of the problem, she explained that she was struggling with her workload and requested a resolution.

However, rather than attempting to resolve the matter, the claimant’s manager, Mr Nav Kalley, emailed HR with an unsympathetic stance. He said, “I was expecting this email as Nicola has become very emotional and tearful, especially over the last week or so”. He claimed she wasn’t overworked but wanted to support her as much as possible.

Maternity Leave and Health Struggles: Pregnant Account Manager Brings Claim

Not long after, the pregnant account manager began her maternity leave, which ended on 10 June 2021. She returned to work but was then signed off sick with post-natal depression on 27 July. Subsequently, she remained off work until her resignation on 6 September, claiming that her health, safety and well-being had been disadvantaged.

The claimant undertook ACAS early conciliation and presented her claims to the employment tribunal on 15 November. She argued that she had been unfairly constructively dismissed and discriminated against.

The Employment Tribunal’s Judgment

Following proceedings, an employment tribunal ruled in February 2023 that the pregnant account manager had faced constructive dismissal and discrimination. The tribunal reasoned that Mr Kelly had stereotyped the claimant as an “emotional, hormonal pregnant woman”. Rather than dealing with the concerns she raised as work-related, he dismissed them as pregnancy-related.

What’s more, the tribunal didn’t believe Mr Kelly’s claims that he wanted to support the claimant entirely. Instead, they found “he effectively wanted her out of the way as soon as possible”.

As a result, the claimant was initially awarded around £37,000 in the February ruling. However, in a subsequent judgment, the compensation figure was significantly increased after the tribunal accounted for her loss of earnings. Consequently, the respondent will now have to pay the pregnant account manager more than £350,000 in compensation.

Pregnant Account Manager Reflects on Bittersweet Judgment

Following the judgment, the claimant discussed how the outcome was “bittersweet”. While she may have succeeded with her case, she expressed sadness over the drawn-out process. She said, “There was no moment of fist-punching the air; there was no jumping up and down in celebration”. She explained how her manager’s language had been “hurtful” and made her feel like a “huge inconvenience”. And while she was with child, her emotional state was because she was an “exhausted employee”, not because she was a “pregnant woman”.

In the end, the claimant stated, “I just felt that I could no longer work for a company that was continuously making me feel like I was an inconvenience”. Going forward, she hopes this judgment will encourage employers to scrutinise their pregnancy and maternity policy to check its effectiveness. As for Mitie Limited, a spokesperson responded, acknowledging that their policies weren’t followed and apologising for the impact their shortcomings had on the pregnant account manager.

Pregnancy and Maternity Leave in the UK – Your Rights

In the UK, pregnant employees and those on maternity leave have specific rights. This includes protection from discrimination and entitlements to leave. Should these rights be breached, employees may be able to make associated pregnancy or maternity claims.

Pregnancy Rights at Work

Among other things, pregnant employees are entitled to paid time off for antenatal care, which may include medical appointments. They’re also protected from pregnancy discrimination, which occurs when an employee is treated less favourably simply because they’re pregnant.

Maternity Rights at Work

Similarly, employees are protected from maternity discrimination, which occurs when they’re treated less favourably because they’re on maternity leave. Eligible employees also have entitlements to maternity pay in the UK, which could include Statutory Maternity Pay (SMP) or Enhanced Maternity Pay (EMP), subject to an employee’s contract of employment. Depending on one’s eligibility, employees may also be entitled to up to 52 weeks of maternity leave.

What to do if Your Rights have been Breached

If an employee suspects their maternity or pregnancy rights have been breached, it’s advisable to discuss this with their employer first. This could resolve the matter swiftly and prevent it from reaching an employment tribunal.

If the above fails, the employee should consider raising a formal grievance. Like with an informal chat, this can avoid the need for legal action. However, unlike an informal chat, a formal complaint forces the employer to deal with the matter following specific legal obligations.

As a last resort, after exploring every possible alternative, the employee could make an employment tribunal claim. Yet, before doing so, they would be required to undertake ACAS early conciliation and comply with specific requirements.

Claim with Redmans Solicitors

The above list of pregnancy and maternity rights isn’t comprehensive. If you have any questions about the case involving the pregnant account manager or your maternity or pregnancy rights at work, please feel free to get in touch. 

Redmans Solicitors are experts in the employment law sector. Following a chat about your case, we can discuss your possible next steps and assess your claim eligibility. So, to begin your journey with us now: