Pregnant employee dismissed for asserting statutory right: discrimination and unfair dismissal win
A former accountancy employee was unfairly dismissed and discriminated against due to her pregnancy and maternity leave. The tribunal awarded her £26,599.12 after the employer failed to attend the hearing.
1 min read · Last updated 18 May 2026
Case details
- #pregnancy-discrimination
- #maternity-leave
- #unfair-dismissal
- #section-104-era
- #section-18-equality-act
- #injury-to-feelings
Key facts
- The claimant was employed by the respondent in an accountancy business.
- The claimant was dismissed for asserting a statutory right under section 104 Employment Rights Act 1996.
- The claimant was subjected to discrimination because of her pregnancy and ordinary maternity leave.
- The respondent did not attend the final hearing.
- The tribunal awarded the claimant a total of £26,599.12.
Timeline
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Previous preliminary hearing
The respondent did not attend, citing eye surgery and health issues.
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Respondent requests adjournment
The respondent wrote to the tribunal requesting an adjournment until after June 2023 due to health reasons.
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Preliminary hearing (telephone)
Employment Judge R Brace conducted a preliminary hearing to consider the respondent's adjournment request and case management orders. The request was refused.
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Final hearing (day 1)
The final merits hearing began at Columbus House, Newport, before Employment Judge S Moore and members.
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Final hearing (day 2)
The hearing continued.
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Final hearing (day 3)
The hearing concluded. The respondent did not attend.
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Judgment issued
Employment Judge S Moore issued the judgment finding unfair dismissal and discrimination, with a total award of £26,599.12.
The legal issue
The tribunal had to decide whether the claimant was unfairly dismissed for asserting a statutory right under section 104 of the Employment Rights Act 1996 and whether she suffered discrimination because of her pregnancy and ordinary maternity leave under the Equality Act 2010.
The outcome
The tribunal found in favour of the claimant on both grounds: unfair dismissal for asserting a statutory right and pregnancy/maternity discrimination. The employer did not attend the final hearing despite previous opportunities to participate.
Compensation awarded:
- Basic award: £275.92
- Total award: £26,599.12 (including injury to feelings and other losses)
Lessons & takeaways
- Employers must not dismiss or treat employees unfavourably because they are pregnant or on maternity leave.
- Employees who assert a statutory right (e.g., relating to pregnancy or maternity) are protected from dismissal under section 104 of the Employment Rights Act 1996.
- Failing to attend a tribunal hearing without a strong reason can lead to a default judgment against you.
- Tribunals can award significant compensation for injury to feelings in discrimination cases, even without a detailed breakdown of financial loss.
What this case shows
This case highlights the protections available to pregnant employees and those on maternity leave. The claimant, who worked in an accountancy business, was dismissed after asserting a statutory right related to her pregnancy. The employer, Mohammad Afzal Shaheen t/a Global Link Associates, did not attend the final hearing despite earlier requests for adjournment due to health issues. The tribunal found that the dismissal was both unfair and discriminatory.
What the employer could have done differently
The employer had several opportunities to engage with the process. He could have attended the preliminary hearings, provided medical evidence to support his adjournment request, or sought legal advice. Instead, he chose not to participate, which meant the tribunal had to decide the case based only on the claimant's evidence. A more proactive approach might have allowed him to present a defence or reach a settlement.
Why this matters
This case reinforces that pregnancy and maternity discrimination is taken seriously by employment tribunals. Even when an employer is absent, the tribunal will consider the evidence and can award substantial compensation. For employees, it shows the importance of documenting any treatment related to pregnancy or maternity and seeking legal advice early. The award of £26,599.12 includes compensation for injury to feelings, reflecting the impact of discrimination on the claimant.
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