In a recent case we were made aware of, a hairdresser has been awarded nearly £90,000 in compensation after an employment tribunal ruled that she was constructively unfairly dismissed, treated unfavourably, and victimised following her pregnancy announcement.
This case is a reminder to all employers of how the management of any staff during pregnancy is something that must be carefully managed, not only to ensure you comply with legislation but also to ensure the well-being of everyone involved.
The Case:
• The claimant noticed an immediate change in treatment after informing her employer of her pregnancy. She was removed from the salon’s online booking system, preventing her from booking regular clients. Her role was effectively downgraded, leaving her to complete cleaning duties and take walk-in clients.
• The employer issued a disciplinary warning after allegedly receiving negative client feedback but failed to follow a fair performance management process. The tribunal found evidence of victimisation, including offensive comments and a hostile workplace culture. The claimant eventually resigned, citing severe mental health deterioration due to the treatment she received.
HR Learnings for all Employers:
This case highlights that as Employers or Business Owners (and critically, also managers) we should ensure fair treatment of pregnant employees (& all staff in general)!
Employers CAN’T:
• Reduce responsibilities, limit opportunities, or treat employees differently following a pregnancy announcement.
Employers SHOULD:
• Conduct a Pregnancy Risk Assessment to support informed decisions, to provide support for your pregnant employees where it is reasonable and necessary.
• Review their maternity policies, grievance procedures, and workplace culture to ensure compliance and avoid costly claims.
Employers MUST:
• Follow proper performance management – If concerns exist, employers should use documented performance processes rather than sudden, punitive actions.
• Maintain confidentiality – Disciplinary matters and grievances should be handled sensitively to prevent workplace hostility.
• Conduct thorough grievance investigations – Dismissing complaints without proper review can increase liability and undermine trust.
• Adhere to Acas guidelines – The failure to follow the Acas Code of Practice contributed to additional compensation.
This case serves as a stark reminder of the risks associated with poor handling of pregnancy-related workplace issues.
Here at Gravitate, we have Upcoming Training sessions for you and your people managers in 2025 which will also assist upskilling your workforce – find out more at: https://gravitatehr.co.uk/training-workshops/#managementskillstraining
