Dismissed while pregnant: automatic unfair dismissal and ACAS uplift
A makeup specialist was automatically unfairly dismissed because of her pregnancy. The tribunal awarded over £40,000 including an ACAS code uplift and injury to feelings.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was dismissed on 20 July 2022 because of her pregnancy or pregnancy-related illness.
- The respondent failed to provide a written statement of employment particulars.
- The claimant had one year's continuous service and was 27 years old at dismissal.
- The claimant received Universal Credit from August 2022 onwards.
- The respondent did not comply with case management orders initially, leading to a strike-out that was later revoked.
Timeline
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Holiday year start
The holiday year commenced on 3 May 2022.
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Dismissal
The claimant was dismissed because of her pregnancy or pregnancy-related illness.
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Preliminary hearing
Case management orders were made, including for disclosure, bundle preparation, and witness statements.
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Letter regarding strike-out
Employment Judge Nash sent a letter proposing to strike out the response due to non-compliance.
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Strike-out judgment
Employment Judge Glennie struck out the response for non-compliance.
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Substantive hearing day 1
The hearing commenced; the strike-out was revoked and the claim proceeded.
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Substantive hearing day 2
The hearing concluded with judgment in favor of the claimant.
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Judgment date
Employment Judge Isaacson issued the final judgment.
The legal issue
The tribunal had to decide whether the claimant was automatically unfairly dismissed because of her pregnancy, and whether she was entitled to compensation for discrimination, notice pay, holiday pay, and an injury to feelings award.
The outcome
The tribunal found in favour of the claimant on all claims. The dismissal was automatically unfair because it was due to pregnancy. The respondent also failed to provide a written statement of employment particulars.
Compensation breakdown:
- Basic award: £538.46
- Compensatory award (loss of earnings): £20,987.78 (including 20% ACAS uplift of £3,497.96)
- Notice pay: £538.46
- Holiday pay: £323.07
- Failure to provide written particulars: £1,076.92
- Injury to feelings: £17,000.00
- Total: £40,464.69
Lessons & takeaways
- Dismissing an employee because of pregnancy is automatically unfair — no length of service requirement applies.
- Employers must follow the ACAS Code of Practice; failure to do so can increase compensation by up to 25%.
- Claimants can bring claims in person, but legal advice is recommended given the complexity of discrimination law.
- Keep records of all communications and evidence of pregnancy-related discrimination.
- If an employer fails to comply with tribunal orders, the response may be struck out, making it easier for the claimant to win.
A clear-cut case of pregnancy discrimination
This case is a stark reminder that dismissing a woman because of her pregnancy is not only unlawful but also automatically unfair. The claimant, a makeup specialist, was dismissed on 20 July 2022 due to her pregnancy or pregnancy-related illness. The tribunal had little difficulty finding that the dismissal was discriminatory and automatically unfair.
The respondent, Makeup Specialists Limited, initially failed to comply with case management orders, leading to a strike-out of their response. Although the strike-out was later revoked, the respondent's conduct may have contributed to the 20% uplift on the compensatory award for failing to follow the ACAS Code of Practice.
What the employer could have done differently
Instead of dismissing the employee, the employer should have considered alternatives such as offering suitable alternative work or adjusting her role. They also failed to provide a written statement of employment particulars, which attracted an additional penalty. The lack of compliance with tribunal orders and the ACAS Code only made matters worse.
Why this result matters
This case highlights that pregnancy discrimination claims can succeed even without legal representation. The claimant represented herself and still obtained a substantial award. It also shows that tribunals will penalise employers who ignore procedural requirements. The total award of over £40,000 includes compensation for loss of earnings, injury to feelings, and an uplift for failure to follow the ACAS Code — a clear message to employers that pregnancy discrimination will not be tolerated.
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