A UK woman has been awarded over £28,000 in compensation after an employment tribunal ruled that she was unfairly dismissed due to her pregnancy.
Nikita Twitchen, who worked as an administrative assistant at First Grade Projects, a building company in Pontypridd, South Wales, was made redundant shortly after informing her employer that she was pregnant again while on maternity leave.
Twitchen, a mother of two, had been preparing to return to work in April 2022 after her first maternity leave. However, her employer laid her off after learning that she was expecting a second child. The tribunal found that her redundancy was directly linked to her pregnancy, leading to a successful unfair dismissal claim.
Positive Meeting Turns Sour After Pregnancy Announcement
In February 2023, Twitchen met with Jeremy Morgan, the managing director of First Grade Projects, to discuss her return to work. The meeting initially went well, with Morgan noting that the business was performing positively and that the company had secured a contract with the NHS. They discussed and agreed on the hours she would work upon her return.
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However, the tone of the meeting shifted when Twitchen informed Morgan that she was pregnant again. The tribunal noted that Morgan appeared “shocked” by this update, marking a turning point in the conversation. Following the meeting, communication from the company became uncharacteristically irregular, and Twitchen received no confirmation regarding her return to work at the end of her maternity leave in March 2023.
Redundancy Announcement After Weeks of Silence
In April 2023, after multiple attempts to clarify her holiday allowance and return-to-work arrangements, Twitchen was informed by Morgan that she was being made redundant. Morgan cited financial difficulties and delays in receiving payments as the reason for the decision. He also claimed that the introduction of new software rendered her role redundant.
However, the tribunal found inconsistencies in Morgan’s claims. During their February meeting, Morgan had stated that the business was doing well, with no mention of financial strain. Furthermore, no evidence was presented in court to support the company’s claims of financial issues or the implementation of software that would eliminate her position.
Tribunal’s Ruling
Employment Judge Wayne Beard concluded that Twitchen’s dismissal was linked to her pregnancy and that First Grade Projects had acted unlawfully. The tribunal observed a distinct change in Morgan’s behaviour after learning about Twitchen’s pregnancy, including delayed responses to her queries. The tribunal ruled that her dismissal was both unfair and discriminatory, noting that the situation had caused her significant anxiety and distress during her pregnancy.
As a result, Twitchen was awarded £28,706 in compensation for her unfair dismissal.
In a statement to WalesOnline, First Grade Projects said they were “extremely disappointment” with the tribunal’s decision. The company noted that it was reviewing the case and considering its options. However, the tribunal criticised First Grade Projects for failing to provide any documentation to support its claims of financial difficulty or redundancy due to new software. Additionally, the company did not provide Twitchen with a written explanation for her redundancy, which the tribunal viewed as a significant oversight.
