Dismissed during probation after disclosing pregnancy: automatic unfair dismissal

This case shows how quickly an employer's reaction to a pregnancy disclosure can lead to automatic unfair dismissal, even when the employee is still in their probation period. The claimant, a client relationship manager, was dismissed just 15 days after telling her manager she was pregnant. The tribunal found that the real reason for dismissal was the pregnancy itself, not the probation review.

What the employer did wrong

The employer's actions went beyond a simple procedural failure. After the pregnancy disclosure, the claimant was told her probation review would need board approval – a departure from the normal process. Her performance was questioned in a meeting, and she was dismissed for 'not being a good fit'. The tribunal also found that a racially offensive comment made weeks earlier, comparing the claimant to a footballer and referencing African children, amounted to harassment. A later letter from the respondent's solicitor, asking why the claimant hadn't announced her pregnancy at interview, was treated as post-employment discrimination.

Why the result matters

This case is a reminder that pregnancy discrimination claims do not require two years' service. The automatic unfair dismissal protection applies from day one. The substantial injury to feelings awards – £16,000 for pregnancy discrimination and £4,000 for race harassment, with £2,000 aggravated – reflect the seriousness of the conduct. The tribunal also highlighted that the employer's actions were aggravated by the second respondent's behaviour. For employees in similar situations, the key takeaway is that the timing of a dismissal relative to a pregnancy disclosure is often decisive evidence.