Pregnancy discrimination and unfair dismissal: a sole trader held liable
A former employee was awarded £26,668 after being dismissed because of pregnancy and pregnancy-related illness. The tribunal found the employer, a sole trader, discriminated against her and unfairly dismissed her.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was dismissed because of pregnancy and pregnancy-related illness.
- The respondent failed to enter a response in time but was allowed to participate at the hearing.
- The claimant was awarded £25,826.44 for pregnancy discrimination including injury to feelings.
- The claimant was also awarded £841.69 for accrued holiday pay.
- The total award was £26,668.13.
- The respondent's application for reconsideration was refused.
Timeline
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Claimant paid for May 2021
The claimant was paid for the whole of May 2021, which was taken into account in the judgment.
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Respondent's late response
The respondent presented a response after 2pm on the day before the final hearing.
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Final hearing
The final hearing took place as a hybrid hearing at London South Employment Tribunal.
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Judgment issued
Employment Judge Dyal issued the judgment finding pregnancy discrimination and unfair dismissal.
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Reconsideration application
The respondent applied for reconsideration of the judgment.
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Reconsideration refused
The application for reconsideration was refused as having no reasonable prospect of success.
The legal issue
The tribunal had to decide whether the claimant was discriminated against because of her pregnancy and pregnancy-related illness, and whether her dismissal was unfair.
The outcome
The tribunal upheld the claimant's complaints of pregnancy discrimination and unfair dismissal. The respondent was ordered to pay a total of £26,668.13, comprising:
- Pregnancy discrimination compensation: £25,826.44, including:
- Past loss of earnings: £12,358.15
- Interest on past loss: £847.80
- Future loss: £1,138.85
- Injury to feelings: £10,000
- Interest on injury to feelings: £1,481.64
- Accrued holiday pay: £841.69
The tribunal also refused the respondent's application for reconsideration.
Lessons & takeaways
- Pregnancy discrimination claims can succeed even against small employers like sole traders.
- Employers should respond to tribunal claims on time; a late response can limit their ability to defend the case.
- Injury to feelings awards for pregnancy discrimination can be substantial, here £10,000.
- Claimants can bring claims for both discrimination and unfair dismissal arising from the same facts.
What this case shows
This case demonstrates that pregnancy discrimination claims can succeed against even the smallest employers. The former employee was dismissed because of her pregnancy and related illness, and the tribunal found that this amounted to direct discrimination under the Equality Act 2010. The employer, a sole trader, failed to enter a response in time and only participated at the hearing after a late application, which was refused. Despite this, the tribunal allowed him to cross-examine and make submissions, but the evidence still supported the claimant's case.
What the employer could have done differently
The respondent could have avoided liability by not dismissing the claimant because of her pregnancy. He also could have entered a response to the claim on time, which would have given him a stronger position to defend the case. The tribunal noted that the respondent's application for reconsideration had no reasonable prospect of success, as the hearing was conducted fairly as a hybrid hearing and the claims were clearly set out in the claim form.
Why this result matters
This case reinforces that pregnancy discrimination is unlawful regardless of the employer's size. The award of £10,000 for injury to feelings reflects the distress caused by the discrimination. The total compensation of over £26,000, including loss of earnings and holiday pay, shows the financial impact such discrimination can have. For employees, it highlights the importance of bringing claims promptly and the availability of compensation for both financial losses and emotional harm.
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