Pregnant employee made redundant: maternity discrimination and unfair dismissal
A former employee was awarded £37,178 after an employment tribunal found she was discriminated against because of her pregnancy and unfairly dismissed by reason of redundancy.
1 min read · Last updated 19 May 2026
Case details
- #pregnancy-and-maternity-discrimination
- #unfair-dismissal
- #redundancy
- #transfer-of-undertakings
Key facts
- The claimant was employed by the first respondent.
- The claimant was pregnant and took maternity leave.
- The claimant was dismissed by reason of redundancy.
- The first respondent did not attend the hearing.
- The tribunal found pregnancy and maternity discrimination and unfair dismissal.
Timeline
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Claim presented
The claimant presented her claim to the employment tribunal.
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First hearing (preliminary)
A preliminary hearing was held to determine jurisdiction and case management.
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First hearing day 2
The preliminary hearing continued.
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Substantive hearing day 1
The main hearing took place via CVP.
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Substantive hearing day 2 and judgment
The hearing concluded and judgment was given orally.
The legal issue
The tribunal had to decide whether the claimant's dismissal by reason of redundancy was discriminatory because of her pregnancy or maternity, and whether it was unfair under the Employment Rights Act 1996.
The outcome
The tribunal upheld the claims of pregnancy and maternity discrimination and unfair dismissal against Ideal Shopping Direct Limited (in voluntary liquidation).
The key reasons were that the claimant was selected for redundancy while on maternity leave without any proper process or consultation, and the respondent failed to attend the hearing or provide any evidence to justify the decision.
Compensation awarded:
- £34,198.03 for discrimination (including interest)
- £500 for loss of statutory rights
- £2,480.76 for three weeks' notice pay
- Total: £37,178.79
Lessons & takeaways
- Pregnant employees and those on maternity leave have enhanced protection against redundancy – employers must consider suitable alternative vacancies as a priority.
- Failure to attend a tribunal hearing or provide evidence can lead to a default judgment and significant compensation awards.
- Employers should ensure redundancy selection criteria are objective and non-discriminatory, especially when the affected employee is on maternity leave.
- Claimants can bring claims in person without a solicitor, but may benefit from legal advice to navigate complex discrimination and unfair dismissal laws.
What this case shows in practice
This case highlights the risks employers face when they fail to properly handle redundancy situations involving pregnant employees or those on maternity leave. The claimant was dismissed by reason of redundancy while on maternity leave, with no evidence of a fair selection process or consultation. The respondent company did not attend the hearing, leaving the tribunal to decide based on the claimant's evidence alone.
What the losing side could have done differently
Ideal Shopping Direct Limited could have avoided this outcome by engaging with the claimant, conducting a meaningful redundancy consultation, and considering suitable alternative roles as required by law. Attending the hearing and providing evidence might have reduced the compensation or even defeated the claims. Instead, their absence led to a default judgment.
Why the result matters for similar claims
This case reinforces that pregnancy and maternity discrimination claims can succeed even when the employer is absent, and that compensation can be substantial. It also serves as a reminder that employees on maternity leave have special protection against redundancy – employers must prioritise them for suitable alternative vacancies. For claimants, it shows that pursuing a claim in person can be effective, though legal advice is often recommended given the complexity of discrimination law.
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