Dismissed after requesting maternity leave: pregnancy discrimination and automatic unfair dismissal
An administrator/receptionist was awarded £15,436.66 after being dismissed days after requesting maternity leave, with the tribunal finding pregnancy discrimination and automatic unfair dismissal.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant informed the respondent's director of her pregnancy on 11 February 2020.
- The director made negative comments about her pregnancy on 11 and 13 February 2020.
- The claimant requested to start maternity leave early on 22 June 2020.
- The respondent dismissed the claimant by email on 30 June 2020, effective 7 July 2020.
- The respondent failed to provide a written statement of employment particulars.
- The respondent's response was struck out for non-compliance with tribunal orders.
Timeline
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Employment started
The claimant began employment with the respondent.
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Pregnancy disclosed
The claimant informed Mr Mason of her pregnancy; he commented 'Well, that’s my plans for you ruined'.
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Second comment
Mr Mason told the claimant 'That would have been your new office but now you will be leaving soon'.
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Maternity leave request
The claimant emailed Mr Mason requesting to start maternity leave on 21 July 2020 and take annual leave beforehand.
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Dismissal email
Mr Mason emailed the claimant dismissing her with one week's notice, citing performance issues.
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Employment ended
The claimant's employment terminated.
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ACAS early conciliation started
ACAS early conciliation began.
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ACAS early conciliation ended
ACAS early conciliation ended.
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Claim presented
The claimant issued her claim to the Employment Tribunal.
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Response struck out
Employment Judge Hutchinson struck out the respondent's response for non-compliance.
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Substantive hearing
The tribunal heard evidence and submissions on liability and remedy.
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Judgment issued
Employment Judge Broughton issued the reserved judgment finding in favour of the claimant.
The legal issue
The tribunal had to decide whether the claimant was dismissed because of her pregnancy or intention to take maternity leave, which would amount to pregnancy discrimination under the Equality Act 2010 and automatic unfair dismissal under the Employment Rights Act 1996.
The outcome
The tribunal found in favour of the claimant on all claims.
The key reasons were:
- The director made negative comments about the pregnancy shortly after being told.
- The dismissal came just days after the claimant requested maternity leave, with no prior performance concerns raised.
- The respondent's response was struck out for non-compliance, meaning the claimant's evidence was unchallenged.
Compensation awarded:
- Injury to feelings: £15,436.66 (including 15% uplift for failure to follow ACAS Code)
- Failure to provide written particulars: £559.12
- Loss of earnings: reserved for later determination
Lessons & takeaways
- Dismissing an employee shortly after they disclose pregnancy or request maternity leave is a major red flag for discrimination.
- Employers must follow a fair process and raise performance concerns at the time, not use them as a pretext after a protected act.
- Failing to comply with tribunal orders can lead to your response being struck out, leaving you unable to defend the claim.
- The ACAS Code of Practice applies to all dismissals; failure to follow it can result in a 25% uplift on compensation.
- Employees are entitled to a written statement of particulars from day one; failing to provide one attracts additional compensation.
A swift dismissal after a maternity leave request
This case highlights how quickly a pregnancy-related dismissal can unfold. The claimant, an administrator/receptionist with just nine months' service, told her director she was pregnant in February 2020. He responded with comments suggesting her career plans were 'ruined' and that she would be 'leaving soon'. Two months later, when she formally requested to start maternity leave, she was dismissed by email within a week, citing performance issues that had never been raised before.
What the employer did wrong
The respondent, 9ine Accounting Limited, made several critical errors. First, the director's comments showed a clear bias against the pregnancy. Second, the dismissal was procedurally flawed: no prior warnings, no meeting, no right of appeal. Third, the employer failed to provide a written statement of employment particulars, a basic legal requirement. Finally, when the case reached tribunal, the respondent failed to comply with orders, leading to its defence being struck out entirely. This meant the claimant's unchallenged evidence was accepted.
Why this result matters
The case reinforces that pregnancy discrimination claims can succeed even with short service. The tribunal awarded £15,436.66 for injury to feelings, uplifted by 15% because the employer ignored the ACAS Code. The message is clear: employers must not treat pregnancy as a reason to dismiss, and they must follow proper procedures. For employees, the case shows the importance of documenting discriminatory comments and seeking legal advice promptly, as early conciliation and tribunal deadlines are strict.
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