A woman who worked at Marks & Spencer’s Watford branch was unfairly dismissed after informing her employer of her pregnancy, an employment tribunal has ruled.
Nilgun Kayahan Kolan was employed at the high street retailer’s bakery for a brief period in October 2023. After an initial induction in Uxbridge where she was assured she would not have to lift more than 5kg due to a back problem, she encountered difficulties when moved to the Watford store. There, she was asked to lift heavy boxes, leading to physical pain.
On 28 October, Ms Kayahan Kolan informed her branch manager, Caroline Bowie, that lifting heavy items had caused her back and groin pain. She explained that her previous training had not required such activity. In a later conversation, she disclosed her pregnancy, expecting her employer to make reasonable adjustments.
Dismissal after pregnancy disclosure
Ms Kayahan Kolan described in her witness statement that once she revealed her pregnancy, Ms Bowie’s demeanour changed immediately. She was told, “I’m sorry, we don’t have any suitable jobs for you,” and, “I can’t move you anywhere else because your English isn’t enough.” According to the claimant, no alternative roles were discussed, nor were any reasonable adjustments offered.
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Following the conversation, Ms Kayahan Kolan remained on site for thirty minutes before approaching Ms Bowie’s office seeking clarification and documentation relating to her dismissal. She stated that Ms Bowie instructed her to “leave your card and go” without any formal notice, termination letter or right of appeal.
Ms Kayahan Kolan told the tribunal that handing over her swipe card was not a voluntary resignation but rather a response to being told to leave. She had not wanted to resign and considered herself dismissed.
The tribunal heard that she was given no paperwork or explanation at the time of her dismissal. It was later confirmed that Ms Kayahan Kolan had been dismissed without any formal procedure being followed.
Employer response and tribunal decision
In her evidence to the tribunal, Ms Bowie said she had congratulated Ms Kayahan Kolan on her pregnancy and had discussed whether there were other roles available. She explained that she did not consider the claimant’s English sufficient for till work and that the only other suitable position required heavy lifting.
Ms Bowie maintained that their discussion had been amicable and that Ms Kayahan Kolan could have continued working in the bakery during her pregnancy. She stated she had encouraged the claimant to consider other available roles.
However, the tribunal unanimously found that Ms Kayahan Kolan had not resigned voluntarily and that Marks and Spencer, through Ms Bowie, had unambiguously communicated that her employment was being terminated – immediately after the claimant disclosed her pregnancy.
In the written conclusion published on Thursday, the tribunal judge stated, “The tribunal, in particular, concludes that, in their context, the words that ‘we have no jobs available for you’ clearly indicated a dismissal especially when nothing was added to them to indicate a different position (apart from initial reference to other obviously unsuitable jobs).”
The judgment noted that any uncertainty about the nature of the meeting was clarified when Ms Bowie instructed the claimant to hand over her swipe card and locker keys. The tribunal ruled that the dismissal was directly caused by the disclosure of the pregnancy.
A widespread issue
Ms. Kolan’s case is far from an isolated incident. A recent report by recruitment agency Randstad UK found that 84 percent of working mothers in the UK report either gender-based or motherhood-related discrimination at work.
Research released in February by charity and campaign group Pregnant Then Screwed found that that up to 74,000 women every year lose their job for becoming pregnant or taking maternity leave – marking a 37 percent increase from 54,000 in 2016.
Joeli Brearley, founder Pregnant Then Screwed, said that their free advice line is “ringing off the hook”.
“It has reached a point where we simply cannot cope with demand,” she said. “To find that 74,000 mothers a year are being pushed out of their job for daring to procreate is not surprising, but it is devastating. That’s a woman being pushed out of her job every 7 minutes in the UK for doing something that is part of the human existence.”
