Pregnancy discrimination claim fails after nail technician resigned during furlough dispute

A resignation or a dismissal?

This case shows how a lack of clear communication can lead to an employment dispute. The nail technician stopped working in March 2020 due to Covid-19 risks. She was pregnant and concerned about her safety. In April, she met her employer to discuss furlough pay. At that meeting, she asked for her P45. The employer understood this as a resignation and accepted it. The tribunal agreed, finding that the claimant had resigned voluntarily.

What the employer could have done differently

The tribunal was critical of the employer's poor employment practices. There was no written record of the meeting, no letter confirming the resignation, and no explanation of notice pay. A simple email or letter setting out what was agreed could have prevented the dispute. However, the tribunal still found that the claimant's own actions—asking for her P45—amounted to a resignation.

Why the pregnancy discrimination claim failed

The claimant argued that she was discriminated against because her employer did not carry out a pregnancy risk assessment or adjust her cleaning duties. But the tribunal found no evidence that this was because of her pregnancy. The employer was a small business struggling with the pandemic. The claimant had not provided medical evidence to support her concerns. Without that, the tribunal could not conclude that the employer's failings were due to her pregnancy.

What this means for similar claims

This case is a reminder that pregnancy discrimination claims require clear evidence of less favourable treatment linked to pregnancy. It also highlights the importance of documenting resignations. If you are an employee, think carefully before asking for your P45—it may end your employment. If you are an employer, always put important decisions in writing.