Pregnant hairdresser dismissed after self-isolating: automatic unfair dismissal
A hairdresser who was dismissed after self-isolating following contact with a COVID-positive client has won her claim for automatic unfair dismissal and pregnancy discrimination. The Bristol tribunal awarded £59,632.94.
1 min read · Last updated 18 May 2026
Case details
- #pregnancy-discrimination
- #automatic-unfair-dismissal
- #acas-code-uplift
- #aggravated-damages
- #sham-disciplinary-process
- #covid-self-isolation
Key facts
- The claimant was employed as a hairdresser from June 2019 until her summary dismissal on 21 December 2020.
- The claimant was pregnant at the time of dismissal and had informed the respondent of her pregnancy on 17 December 2020.
- The claimant was dismissed after she self-isolated following contact with a client who tested positive for COVID-19.
- The respondent conducted a disciplinary hearing on 28 December 2020 which the tribunal found to be a sham.
- The tribunal found that the principal reason for dismissal was connected to the claimant's pregnancy.
- The respondent failed to provide written reasons for dismissal despite the claimant being entitled to them.
Timeline
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First COVID-19 lockdown
Onset of the COVID-19 pandemic and first lockdown in the UK.
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Appraisal meeting
R2 held an appraisal with the claimant, noting some concerns about attitude.
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Email exchange about attitude
R2 emailed the claimant expressing concerns about her attitude at work.
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Second lockdown
Salon closed due to second lockdown. Claimant discovered she was pregnant.
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Salon reopens
Salon reopened after lockdown. R2 sent a staff update.
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Request for time off
Claimant asked for time off for a medical appointment (12-week scan). R2 reluctantly agreed.
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Contact with COVID-positive client
Claimant and R2 provided services to a client who later tested positive for COVID-19.
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12-week scan
Claimant attended her 12-week scan; baby confirmed healthy.
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Informed of COVID exposure
Claimant learned that the client had tested positive for COVID-19.
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Informed R2 of pregnancy
Claimant attended work, informed colleagues of pregnancy, and told R2 she was pregnant. R2 was off sick.
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Dismissal
Claimant called R2 to confirm she was self-isolating. R2 dismissed her during the call.
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Sham disciplinary hearing
R2 held a disciplinary hearing via Zoom and upheld the dismissal.
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Appeal request
Claimant requested an appeal; R2 refused on 2 January 2021.
The legal issue
The tribunal had to decide whether the claimant's dismissal was automatically unfair because the reason or principal reason was connected to her pregnancy, and whether she was directly discriminated against on grounds of pregnancy.
The outcome
The tribunal upheld the claimant's claims of automatic unfair dismissal and direct pregnancy discrimination.
Key reasons:
- The claimant was dismissed four days after informing her employer she was pregnant.
- The disciplinary hearing was a sham, held after the dismissal had already been decided.
- The respondent failed to provide written reasons for dismissal.
Compensation breakdown:
- Compensatory award: £30,836.32 (including ACAS uplift and interest)
- Injury to feelings: £19,073.08 (including ACAS uplift and interest)
- Aggravated damages: £2,936.15 (including ACAS uplift and interest)
- Failure to provide written reasons: £1,076.00
- Total: £59,632.94
Lessons & takeaways
- Dismissing an employee shortly after they disclose pregnancy is a major red flag for tribunals and can lead to automatic unfair dismissal.
- A disciplinary process that is a sham — where the outcome is predetermined — will not protect an employer from liability.
- Employers must provide written reasons for dismissal if requested; failure to do so attracts a separate penalty.
- Pregnant employees have enhanced protection from the start of their pregnancy, regardless of length of service.
- ACAS code uplifts of up to 25% can significantly increase compensation where an employer unreasonably fails to follow procedures.
What this case shows in practice
This case illustrates how quickly a dismissal can go wrong when an employer reacts negatively to a pregnancy disclosure. The hairdresser, who had only 18 months' service, was dismissed just four days after telling her manager she was pregnant. The employer claimed the dismissal was for gross misconduct related to self-isolation during COVID-19, but the tribunal found the real reason was her pregnancy.
The tribunal described the disciplinary hearing as a 'sham' — it took place after the dismissal had already been decided. The employer also refused to provide written reasons for the dismissal, which is a legal requirement when requested.
What the losing side could have done differently
The employer could have avoided liability by following a fair process. If there were genuine concerns about the claimant's conduct, they should have investigated properly and given her a fair opportunity to respond before any decision was made. The fact that the dismissal came so soon after the pregnancy disclosure, and that the disciplinary hearing was a foregone conclusion, made it impossible for the employer to argue that pregnancy was not the principal reason.
Why the result matters for similar claims
This case is a reminder that pregnancy discrimination claims do not require two years' service — the protection is automatic from day one. The substantial award of nearly £60,000, including aggravated damages and an ACAS uplift, shows that tribunals will penalise employers who treat pregnant employees unfairly. The ACAS uplift of 25% was applied because the employer unreasonably failed to follow the ACAS code of practice on disciplinary procedures.
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