M&S Employee Fired For Being Pregnant Wins Unfair Dismissal Tribunal Claim

In Mrs N Kayahan Kolan v Marks and Spencer Group PLC, a working pregnant woman has succeeded with her claims of unfair dismissal and pregnancy discrimination in the workplace, after she was fired for being pregnant.

Below, we examine the facts of the case and the judgment made by the employment tribunal. We then answer, “Can you be fired for being pregnant in the UK?” and discuss what those affected by unfavourable treatment can do.

If you are pregnant and working and believe your rights have been breached, contact Redmans Solicitors immediately. As employment law specialists, we can assess your circumstances, answer your queries, and provide expert advice. To learn how we can help you today, simply:

The Facts in Mrs N Kayahan Kolan v Marks and Spencer Group PLC

Background to Claimant Being Fired for Being Pregnant

Mrs N Kayahan Kolan (“the Claimant”) began working for Marks and Spencer Group PLC (“the Respondent”) on 15 October 2023. When her employment commenced, it was agreed that she wouldn’t lift anything heavier than 5kg due to back problems.

Throughout her initial training, no issues arose since she wasn’t required to lift heavy packages. However, when she was transferred to the Watford branch to complete her training, things changed. The Claimant struggled to lift heavy boxes on 26 and 27 October, prompting her to inform the branch manager, Ms Caroline Bowie, that she was pregnant.

Claimant Dismissed After Telling Her Employer About Her Pregnancy

During proceedings, the Claimant explained how she expected Ms Bowie to acknowledge her concerns and discuss possible adjustments following her disclosure. This wasn’t the case, though. After revealing her pregnancy on 30 October, the Claimant was essentially fired for being pregnant. 

She went on to discuss how the branch manager’s mood instantly changed after receiving the news. According to the Claimant, Ms Bowie stated, “I’m sorry, we don’t have any suitable jobs for you,” before adding, “I can’t move you anywhere else because your English isn’t enough.”

Understandably, this caused the Claimant to break down. While Ms Bowie initially seemed to offer some comfort, patting her on the back, it quickly became clear that the branch manager wanted her to leave. No questions were asked about her pregnancy, nor whether she needed support, such as an alternative role or reasonable adjustments. At the employment tribunal, the Claimant said, “[This] spoke to my worst fears that disclosing my pregnancy would lead to my dismissal.”

In one final attempt to resolve the matter after leaving Ms Bowie’s office, the Claimant returned and asked, “What can I do?” Instead of providing useful support, the branch manager simply said, “You can leave your card and go.” She was not given a termination letter, notice period, or any right to appeal.

At this point, the Claimant understood she’d been dismissed. Feeling wronged by the Respondent’s conduct, she initiated tribunal proceedings, claiming automatic unfair dismissal and pregnancy discrimination at work.

The Employment Tribunal’s Judgment

Fired for Being Pregnant: ET Rules in Claimant’s Favour

At the hearing, Ms Bowie denied the Claimant’s accusations. She claimed that bakery staff weren’t required to lift heavy objects and that she congratulated the Claimant when she learned of her pregnancy.

Ms Bowie asserted that the Claimant brought up her desire to move, apparently disliking her bakery role, but that no other suitable roles were available. According to the branch manager, the Claimant agreed that her level of English made most roles unsuitable. All that was left was a job that required manual labour, something that the Claimant couldn’t do in her pregnancy. With no suitable alternatives available, Ms Bowie stated that the Claimant resigned.

However, the employment tribunal didn’t believe Ms Bowie’s version of events. In its judgment, it reasoned that the Claimant’s account was more consistent and made more sense in the context of the facts.

As a result, the tribunal turned to the pregnancy discrimination in the workplace and unfair dissmial claims. It quickly established the Claimant had been dismissed since Ms Bowie stated, “I’m sorry, we don’t have any suitable jobs for you,” before saying, “You can leave your card and go.”

It went on to rule that the Claimant was primarily fired for being pregnant. Prior to her disclosure, there had been no mention of dismissal. However, as soon as Ms Bowie learned the Claimant was pregnant at work, this attitude changed. Accordingly, the claim of automatic unfair dismissal was upheld. What’s more, since the dismissal was unfavourable treatment, the tribunal also ruled it amounted to pregnancy discrimination.

Can You Be Fired For Being Pregnant at Work?

UK law provides several protections and rights to a working pregnant woman. Under the Equality Act 2010, individuals are protected against discrimination at work due to their protected characteristics, which include pregnancy and maternity. Because of this, women mustn’t be fired for being pregnant or face other detriments due to the same.

That’s not all, though. If a woman is pregnant and working, other legislation provides entitlements to attend antenatal appointments, as well as rights to things like maternity pay and leave, provided they are eligible. Should their employer fail to satisfy these rights or subject them to unfavourable treatment, they could seek redress in the employment tribunal.

What to Do If Your Pregnancy Rights Are Breached at Work

If an individual is pregnant at work and believes their rights have been breached, they should act swiftly. While an employment tribunal claim is a last resort, specific time limits apply, meaning action shouldn’t be delayed.

In the first instance, it’s a good idea to seek an internal remedy. Depending on the incident’s severity, this could involve having an informal chat with senior leadership or raising a formal grievance. Both options provide a chance to resolve the matter without legal action, but a formal complaint forces the employer to address it in a legally compliant manner.

Should the matter remain unresolved after internal help has been sought, though, it may be time to look elsewhere. Before a claim can be filed, individuals must go through Acas early conciliation. However, if this also fails to provide a satisfactory outcome, the individual could then initiate employment tribunal proceedings, provided they meet specific eligibility criteria and time limits—typically this time limit is three months less one day from the incident complained about, but this can vary.

If you have been fired for being pregnant or have questions about pregnancy discrimination at work, please contact us. Redmans Solicitors are employment law specialists who can answer your queries and discuss your possible next steps. Should you be eligible, we could also guide you through the legal process to help you reach an optimal outcome.

Begin your journey with us now by: