Pregnant Hairdresser “Effectively Demoted” Following Pregnancy Announcement Wins £90K in Constructive Dismissal Case

In Ms Kayleigh Flanagan v Amy Jury (Trading as Envy), a pregnant hairdresser won her constructive unfair dismissal claim after she was forced to resign. The Employment Tribunal learned that she had to quit after she was “effectively demoted” to apprentice duties following her pregnancy announcement.

Read on as we discuss what happened and the Tribunal’s judgment. We will examine what constitutes constructive dismissal in the UK and the steps those affected can take.

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The Facts in Ms Kayleigh Flanagan v Amy Jury (Trading as Envy)

Background to Constructive Dismissal Claim of Pregnant Hairdresser

Ms Kayleigh Flanagan (“the Claimant”) began working as a senior stylist at Envy (“the Respondent”), a hair salon owned by Ms Amy Jury, on 25 June 2019. Initially, the two shared a good working relationship.

However, tensions arose after the Claimant announced her pregnancy on 5 December. While Ms Jury offered congratulations on 10 December, she also conducted a performance review, which led to a disciplinary hearing. As a result, on 30 January 2020, the pregnant hairdresser received a final written warning for alleged poor customer service. However, following an appeal, this was reduced to a first written warning on 12 February.

Claimant’s Workload Reduced Before Being Made “Butt of the Joke”

The situation worsened in February when the Claimant was removed from the salon’s booking system, leaving her with minimal tasks beyond cleaning and making tea. She was also excluded from training opportunities provided to her colleagues.

Adding to her distress, Ms Jury failed to keep the disciplinary warning confidential, leading to workplace ridicule. Colleagues mocked her, making comments such as, “Oh, I’d better be careful, or I might get a final written warning for this,” followed by laughter. The pregnant hairdresser described feeling excluded and like the “butt of the joke.”

Unfortunately, even after giving birth, the Claimant continued to face hostility. In around July or August, while passing the salon, a staff member shouted a derogatory remark at her, saying, “Look at you, ya scabby little c**t with your scabby baby.”

Pregnant Hairdresser Forced to Resign and Brings Claims

Following her treatment in early 2020, the Claimant raised a grievance on 9 March regarding the Respondent’s conduct. However, both her grievance and subsequent appeal were dismissed. As a result, she pursued ACAS early conciliation before filing her first claim on 5 July.

She later raised a second grievance concerning how her initial complaint had been handled. But before doing so, on 15 July 2021, Ms Jury shouted at the pregnant hairdresser’s mother, “Sar, I’m still winning just so you know, I’m still winning; I’m the winner,” referring to the ongoing legal proceedings.

Much to the Claimant’s dismay, she was informed that her second grievance had also been dismissed on 22 October. With no resolution in sight, she resigned with immediate effect four days later. By March 2022, she filed her second claim, meaning overall, she’d brought allegations of constructive unfair dismissal, unfavourable treatment as a pregnant worker, victimisation, and harassment.

The Employment Tribunal’s Judgment

Following the proceedings, the Employment Tribunal upheld the pregnant hairdresser’s claim for constructive unfair dismissal. In its decision, the Tribunal cited several key incidents, including unjust disciplinary action, restricting her to apprentice-level duties, removing her from the salon’s booking system, and excluding her from training opportunities available to other employees.

The Tribunal also noted Ms Jury’s failure to maintain confidentiality regarding the disciplinary warning, which led to ridicule from colleagues. It concluded that, in each instance, the Respondent had fundamentally breached the implied terms of trust and confidence.

The final straw, according to the Tribunal, was the dismissal of the Claimant’s second grievance. Combined with the ongoing pattern of unfair treatment, this left her feeling she had no choice but to resign. As a result, the Tribunal ruled her resignation was not voluntary but a direct consequence of the Respondent’s actions.

While the Tribunal dismissed her harassment claim, it partially upheld her claims for unfavourable treatment as a pregnant worker and victimisation. Considering all successful claims, the Tribunal awarded her £89,986.40, covering loss of earnings, injury to feelings, and other damages.

What Constitutes Constructive Dismissal in the UK?

One of the key issues in the pregnant hairdresser’s case centred around constructive unfair dismissal. In the UK, constructive dismissal occurs when an employer fundamentally breaches an employee’s contract, leaving them with no choice but to resign. While the employee technically “resigns,” the law treats it as a form of unfair dismissal by the employer.

To successfully claim constructive dismissal, an employee must prove several key elements. First, they must demonstrate a serious breach of contract. This breach must be significant enough to destroy the trust and confidence essential for the employment relationship. It could involve breaking an express term, such as withholding wages, or an implied term, like failing to prevent workplace bullying.

Once a breach is established, the employee must show that their resignation was a direct result of the employer’s actions. However, timing is critical—delaying resignation too long after the breach may suggest acceptance of the conditions, weakening the claim.

In practice, constructive dismissal can arise in various situations, including:

  • Bullying and harassment
  • Discrimination
  • An unjustified demotion
  • Salary being withheld or reduced
  • Unfair disciplinary action

Bringing a Constructive Dismissal Claim

If an employee believes they have grounds for a constructive dismissal claim, they should act quickly. The first step is to try resolving the issue internally, either through informal discussions or by submitting a formal grievance. While legal action is an option, resolving matters within the company can help avoid unnecessary stress and costs.

If internal resolutions fail, the next step is ACAS early conciliation—a required process before filing an Employment Tribunal claim. This offers another chance to settle the dispute without going to court.

As a last resort, the employee can initiate Employment Tribunal proceedings, where they must present strong supporting evidence to prove their claim. If successful, they may be awarded financial compensation, covering lost earnings and damages.

Given the complexity of constructive dismissal cases, seeking legal advice before resigning is highly recommended to strengthen the chances of a successful claim. Redmans Solicitors are experts in the sector, and following a consultation, we could provide specialist advice on how to proceed.

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