Pregnancy Remarks—An Example of Sex Discrimination, Tribunal Finds

In Ms Lesley G Coia v Event Medical Group (EMG) Limited, an employment tribunal ruled that pregnancy remarks were an example of sex discrimination. This came following Ms Coia’s resignation after her boss repeatedly asked if she was pregnant and offered to help.

Read on as we explore what transpired and the employment tribunal’s decision. We will discuss the employee rights breached in this case and what others can do if they experience similar misconduct arising from a poor workplace culture.

If you have any questions or want help making an employment tribunal claim, please contact Redmans Solicitors today. As specialists in the sector, we can assist you through the legal process and help you reach an optimal outcome.

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The Facts in Ms Lesley G Coia v Event Medical Group (EMG) Limited

Toxic Workplace Culture Fueled by Pregnancy-Related Remarks

Ms Lesley Coia (“The Claimant”) began working as a medic for Event Medical Group (EMG) Limited (“The Respondent”) on 12 July 2022. Trouble didn’t start, however, until just over a year later.

On 28 July 2023, the claimant was given a shift with Mr Gareth Hughes, the respondent’s director and a paramedic. When she attended her shift, she told Mr Hughes she had a “surprise”, to which he asked if she was pregnant. This caught the claimant off guard, and she responded, “No, who wants kids?” feeling “astonished and embarrassed”.

The claimant subsequently spoke with her colleagues about the incident, telling them of her disbelief. She called Mr Hughes a “cheeky b*stard” and said that even if she’d put on weight, “he was not in a position to talk”.

Later in the shift, the claimant addressed Mr Hughes, telling him that her surprise regarded travelling plans to Australia. Mr Hughes diverted the conversation back to his original comments, though, and said he could help her get pregnant. Despite further amazement, the claimant ignored his comments and reverted to a work-related conversation.

When the claimant returned home, she cried because she felt violated by Mr Hughes’ conduct. Sadly, though, this wasn’t the end of his misconduct, as he again asked if she was pregnant the following day. Tired of the inappropriate comments, the claimant replied, “What the f*ck”.

Pregnancy Comments Claimed to be an Example of Sex Discrimination

On 31 July, the claimant raised work-related concerns. However, when Mr Hughes’ responded, he failed to remedy her issues and said she should “consider her communication with management”. The following day, the claimant replied, quickly reminding Mr Hughes of his own communication issues. She highlighted his pregnancy comments, claiming they could be an example of sex discrimination.

During the same correspondence, the claimant also confirmed her resignation with immediate effect, prompting the respondent to investigate what had transpired. Unfortunately, gossip among colleagues uninvolved in the original incidents pursued, and the respondent stated her comments were “​​wrong and malicious”.

The claimant never received the investigation report, though, and wasn’t informed of the respondent’s decision. In the aftermath of the ordeal, the claimant initiated employment tribunal proceedings, claiming that her boss’ pregnancy remarks were an example of sex discrimination.

The Emplyoment Tribunal’s Judgment

Following proceedings, the tribunal deliberated on whether the pregnancy remarks were an example of sex discrimination and had breached the claimant’s employee rights. Here, they stated that a male comparator wouldn’t be asked if they were having a child or offered sex to have one.

Then, the tribunal analysed the respondent’s investigation of Mr Hughes’ conduct. Rather than investigating to resolve the matter, the tribunal found the respondent had attempted to “pressure the claimant to withdraw the complaint”. They added, “The claimant was seen as a silly young woman who needed to be put in her place”. 

Consequently, the tribunal ruled the claimant had faced less favourable treatment because she was a woman, amounting to direct discrimination, and had been harassed during the investigation. Due to her successful claim, she was awarded £6,569.42, comprising injury to feelings and interest.

Sex Discrimination at Work

In the UK, the Equality Act 2010 governs workplace discrimination. This legislation outlines several protected characteristics for which people cannot be treated less favourably. One of those characteristics includes a person’s sex, and such treatment could include direct and indirect discrimination, harassment and victimisation.

Under UK law, sex refers to a person being a man or a woman, using one’s birth certificate or Gender Recognition Certificate (GRC) to identify this. At work, protection from sex discrimination extends to job applicants, workers, employees, self-employed individuals, contractors and former employees.

What are Examples of Sex Discrimination at Work?

Sex discrimination can appear in a variety of ways in the workplace. As mentioned, it could present as direct or indirect discrimination, harassment or victimisation. Below is an example of sex discrimination for each type:

  • Direct Discrimination – A female employee isn’t promoted to a managerial position because the employer believes women are less capable of handling leadership roles. This clearly amounts to direct discrimination because the individual faced less favourable treatment because of their sex.
  • Indirect Discrimination – An employer implements a policy requiring all employees to work evenings without making childcare responsibility considerations. This policy could disproportionately affect women, who are more likely to have childcare responsibilities. Thus, it would constitute indirect discrimination unless the employer can justify it as a proportionate means of achieving a legitimate aim.
  • Harassment – A female employee is subjected to unwanted comments about her appearance and receives sexual jokes from her colleagues, creating a hostile workplace culture. This behaviour is considered harassment as it violates her dignity and creates an intimidating atmosphere.
  • Victimisation – An employee who filed a complaint about sex discrimination is subsequently denied training opportunities in retaliation. This is victimisation, where the employee suffers a detriment because they engaged in a protected act, in this case, a discrimination complaint.

Steps to Address Breaches of Employee Rights

Employees who’ve faced treatment that’s considered to be an example of sex discrimination have several avenues of justice. They could begin by having a chat with their employer informally. Not only could this potentially resolve the matter swiftly, but it would avoid the stresses of more formal action should it be successful.

If this doesn’t work, though, employees could raise a formal grievance. Like an informal chat, this would negate the need for court action. That being said, once a grievance has been raised, employers must handle them in compliance with the law. Among other things, this includes following a fair procedure in line with the ACAS Code of Practice.

Should all else fail, employees could initiate employment tribunal proceedings. This would involve going through ACAS early conciliation before raising a claim in line with specific eligibility criteria.

If your employee rights have been breached, or you’re unsure if the treatment you faced was an example of sex discrimination, contact us now. Redmans Solicitors have years of employment law experience, enabling us to provide specialist advice. To learn more about the help we provide: