Second Pregnancy Announcement in Return to Work Meeting Leads to Unfair Dismissal

In Nikita Twitchen v Genu Prima Limited, an office administration assistant won £28,000 following redundancy during maternity leave. The employment tribunal found she’d faced discrimination and unfair dismissal after disclosing her second pregnancy during a return to work meeting. Read on as we explore the case, the difficulties pregnant women face at work, and relevant employment rights such as maternity pay.

Please don’t hesitate to reach out if you’ve experienced something similar during your return to work after maternity leave. Redmans Solicitors are employment law experts. Following a quick chat, we can assess your circumstances and advise on how you could proceed. Should you have an eligible case, we could also help navigate you through the legal process.

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The Facts in Nikita Twitchen v Genu Prima Limited

Background

Ms Nikita Twitchen (“The Claimant”) became an office administration assistant for Genu Prima Limited (“The Respondent”), which traded as First Grade Projects, on 13 October 2021. Shortly after her employment began, she became pregnant and commenced maternity leave on 27 June the following year.

Return to Work Meeting Takes a Turn

By 17 February 2023, the claimant attended a return to work meeting with managing director Mr Jeremy Morgan. At first, the meeting felt positive, and Mr Morgan discussed how the business was thriving after securing an NHS contract. He also expressed his excitement concerning the claimant’s return to work after her maternity leave.

Unfortunately, once the claimant disclosed her second pregnancy, the return to work interview turned sour. Mr Morgan failed to congratulate her and seemed surprised by the news. 

Claimant Made Redundant After Return to Work Meeting Disclosure

Despite the claimant’s maternity leave ceasing on 26 March, no one contacted her following the return to work meeting. She chased for information concerning her return, but when Mr Morgan replied, he suggested she “leave it” until her routine was settled.

The respondent then remained silent until Mr Morgan called the claimant on 18 April, informing her she was being made redundant. He cited “financial difficulties” and a “new software” that would replace her role as the reasons for the dismissal. 

Shortly after, on 25 July, the claimant commenced employment tribunal proceedings. Among other things, she claimed pregnancy and maternity discrimination and unfair dismissal due to pregnancy.

Tribunal Uncovers Discrimination Following Return to Work Interview

The employment tribunal began by assessing the claim of automatic unfair dismissal due to pregnancy. Here, they highlighted several inconsistencies of the respondent. Before the pregnancy disclosure during the return to work meeting, Mr Morgan responded rapidly to the claimant’s correspondence and claimed the business was doing well.

However, following said disclosure, the respondent became silent and “financial difficulties” suddenly arose. With no viable explanation to justify such conduct, the tribunal held that the pregnancy disclosure solely influenced the redundancy during maternity leave. As such, they upheld the unfair dismissal claim.

Moving on, the tribunal then analysed the claim of pregnancy and maternity discrimination in breach of the Equality Act 2010. This time, they outlined several instances of unfavourable treatment, including the respondent’s conduct during the return to work interview, failure to respond to the claimant, and subsequent dismissal.

With this in mind, the tribunal held that the claimant had faced pregnancy and maternity discrimination. As such, they awarded her £28,706.76, comprising compensation for unfair dismissal, a failure to provide written reasons for the same, injury to feelings and interest.

The Ongoing Challenges for Pregnant Women in the Workplace

Sadly, the above case involving pregnancy discrimination after a return to work meeting isn’t an isolated incident. Pregnant women and those on maternity leave are constantly facing similar mistreatment. And unfortunately, it can present in many forms.

As in Ms Twitchen’s situation, 11% of mothers have reported losing their work after maternity leave or during pregnancy. This equates to around 54,000 mothers losing their jobs annually due to discrimination.

But the misconduct doesn’t end there. Even if those affected keep their roles, 20% claim to have suffered harassment and 10% state that they were discouraged from attending antenatal appointments. This can lead to a hostile environment and leave significant impacts, especially when such appointments are vital to the health and safety of the mother and child.

Additionally, women who are pregnant or on maternity leave often face the “motherhood penalty”. This term refers to the wage disparity faced by mothers compared to fathers. In 2023, mothers earned, on average, £4.44 less per hour than fathers, reflecting a 24% pay gap. 

Finally, the stigma and bias surrounding pregnancy can lead to mothers being overlooked for promotions or assigned less significant roles upon their return to work. Coupled with the part-time positions many women feel compelled to undertake due to increased caregiving responsibilities, this dynamic can severely hinder their long-term career advancement.

Navigating Discrimination After a Return to Work Meeting

If an employee has experienced similar misconduct following a return to work meeting, several steps could be taken to rectify the matter. Firstly, the employee should consider raising an informal complaint or grievance. While a grievance raises the seriousness of the complaint, both avenues allow the employer to resolve the issue without the need for legal action.

However, employment tribunal proceedings could be pursued if neither method provides a solution. ACAS early conciliation would need to be completed, and specific eligibility criteria met first, though. Thus, contacting an employment law professional before taking such steps is advisable.

Essential Rights During Pregnancy and Maternity Leave

Even if employees haven’t experienced the above, they must receive legal entitlements during employment. For starters, health and safety measures must be taken during pregnancy. Among other things, this includes conducting risk assessments to identify and address potential hazards.

Once a baby has been born, eligible employees may take up to 52 weeks of maternity leave. This comprises 26 weeks of ‘ordinary maternity leave’ and 26 weeks of ‘additional maternity leave’. Such individuals may also receive up to 39 weeks of statutory maternity pay. If an individual isn’t eligible for statutory maternity pay, though, they could receive a maternity allowance.

It’s important to note that the above isn’t an exhaustive list of employee rights. If you wish to learn more, check out our comprehensive guide on legal entitlements during maternity leave.

If you have any questions about your rights or believe you faced discrimination similar to Ms Twitchen following your return-to-work meeting, please contact us now. Redmans Solicitors are employment law specialists, and after a consultation, we could advise you on your possible next steps.

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