Pregnancy discrimination: former employee awarded over £41,000 after employer failed to defend claim
A former employee won over £41,000 for pregnancy discrimination after her employer failed to respond to the tribunal claim. The award includes loss of earnings, injury to feelings, and an ACAS uplift.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed by the respondent and suffered discrimination because of pregnancy.
- The respondent failed to present a valid response to the claim.
- The claimant withdrew claims for unfair dismissal and redundancy payment.
- The tribunal awarded compensation for loss of earnings, injury to feelings, and an ACAS uplift.
- The respondent also failed to provide a statement of initial employment particulars.
Timeline
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Start of holiday pay period
The period for which accrued holiday pay was calculated began.
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End of employment / start of prescribed period
The claimant's employment ended, and the prescribed element period for recoupment began.
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Claim issued
The claimant issued proceedings in the Central London Employment Tribunal.
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First judgment (Rule 21)
Employment Judge Brown issued a judgment that the claim succeeds and remedy would be determined at a hearing.
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Remedy hearing
The tribunal heard the remedy application and issued the final judgment with awards.
The legal issue
The tribunal had to determine the remedy for pregnancy discrimination after the employer failed to defend the claim, and also to decide on a last-minute application to postpone the remedy hearing.
The outcome
The tribunal found in favour of the former employee on her pregnancy discrimination claim, as the employer did not file a valid response. The remedy hearing proceeded despite the employer's late application to postpone.
Compensation awarded:
- Loss of earnings: £21,353.80
- Injury to feelings: £15,000
- ACAS uplift: £2,000
- Notice pay: £540.00
- Holiday pay: £1,512.00
- Failure to provide employment particulars: £1,020.00
Total: £41,425.80
Lessons & takeaways
- Employers must respond to tribunal claims on time or risk a default judgment against them.
- Pregnancy discrimination claims can result in substantial awards for injury to feelings and loss of earnings.
- Failure to engage with ACAS early conciliation can lead to an uplift of up to 25% on the compensatory award.
- Employers should not assume that a last-minute postponement application will be granted, especially if the claimant is unrepresented.
- Employees who suffer pregnancy discrimination can claim for financial losses and non-financial harm such as injury to feelings.
This case shows how a former employee successfully pursued a pregnancy discrimination claim after her employer, Fyre Group Limited, failed to defend the proceedings. The claimant represented herself at the remedy hearing, while the respondent did not attend and made a late application to postpone, which was refused.
What the tribunal decided
The tribunal had already ruled in April 2022 that the claim succeeded due to the employer's failure to file a valid response. At the November 2022 remedy hearing, the tribunal calculated compensation for the discrimination. The largest element was loss of earnings of £21,353.80, covering the period from the end of employment to the hearing date. The tribunal also awarded £15,000 for injury to feelings, reflecting the distress caused by the discrimination.
Additional awards
The employer also failed to provide a written statement of employment particulars, resulting in an award of £1,020. The claimant received notice pay (£540) and accrued holiday pay (£1,512). An ACAS uplift of £2,000 was applied because the employer did not comply with the ACAS code of practice on disciplinary and grievance procedures.
What the employer could have done differently
Fyre Group could have avoided this outcome by responding to the claim and engaging with the process. Even if they disputed the allegations, filing a response would have allowed them to present their case. Their failure to do so meant the discrimination was effectively admitted.
Why this matters
This case highlights that pregnancy discrimination claims can succeed even without a hearing on liability if the employer fails to respond. It also demonstrates that unrepresented claimants can obtain significant compensation, including for injury to feelings. Employers should take all tribunal claims seriously and seek legal advice promptly.
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