Pregnant employee dismissed after raising health and safety concerns: tribunal awards £43,000

A dismissal that broke the rules

This case shows how quickly a workplace can go wrong when an employer ignores its legal duties. The former employee, who was pregnant, raised health and safety concerns with her employer, Grikis Ltd. Instead of addressing those concerns, the company subjected her to unfavourable treatment and eventually dismissed her. Her pregnancy was a material influence on the decision to dismiss, and the dismissal was also linked to her health and safety complaint.

What the employer did wrong

Grikis Ltd did not attend the tribunal hearing or submit a response. That meant the tribunal accepted the employee's evidence unchallenged. The company missed the chance to explain its actions or argue that the dismissal was fair. The tribunal found that the treatment she suffered between 27 March and 27 April 2023, including the dismissal itself, was because of her pregnancy. It also found that the dismissal was automatically unfair because it was for raising health and safety concerns.

Why the result matters

This case is a reminder that pregnancy discrimination and health and safety dismissals are taken very seriously by tribunals. The employee had less than two years' service, which normally limits unfair dismissal claims, but the automatic unfair dismissal protection for health and safety reasons has no qualifying period. The tribunal awarded £32,500 for injury to feelings, including an element of aggravated damages, reflecting the seriousness of the discrimination. The total compensation of over £43,000 includes loss of earnings and interest.

For employees in similar situations, the key takeaway is that the law provides strong protection against pregnancy discrimination and victimisation for raising health and safety concerns. Employers should ensure they handle such matters carefully and engage with tribunal proceedings if a claim is brought.