Pregnant employee dismissed: automatic unfair dismissal and discrimination
A former employee was awarded £12,871 after being dismissed while pregnant. The tribunal found automatic unfair dismissal and pregnancy discrimination.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was dismissed while pregnant.
- The dismissal was automatically unfair under s.99 Employment Rights Act.
- The dismissal amounted to pregnancy discrimination under s.18 Equality Act 2010.
- The claimant was awarded £10,000 for injury to feelings and £1,710 for loss of earnings.
- The claimant had less than two years' service so no basic award was payable.
- The respondent failed to give proper notice but no damages were awarded as the claimant was paid in lieu.
Timeline
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Dismissal
The claimant was dismissed by the respondent.
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Hypothetical dismissal date
The Tribunal found the claimant would have been dismissed in any event by this date.
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Hearing and judgment
The Employment Tribunal heard the case and issued judgment finding unfair dismissal and pregnancy discrimination.
The legal issue
The tribunal had to decide whether the employee was unfairly dismissed and discriminated against because of her pregnancy.
The outcome
The tribunal found that the former employee was automatically unfairly dismissed under s.99 Employment Rights Act and discriminated against because of her pregnancy under s.18 Equality Act 2010.
The key reasons were that the dismissal was directly linked to her pregnancy, which is a protected characteristic.
Compensation:
- £10,000 for injury to feelings
- £1,710 for loss of earnings (from dismissal to 31 January 2022, when she would have been dismissed in any event)
- £1,161.30 interest
- Total: £12,871.30
- No basic award due to less than two years' service.
- No compensatory award as losses were covered by discrimination award.
Lessons & takeaways
- Pregnant employees have enhanced protection: dismissal for a reason related to pregnancy is automatically unfair regardless of length of service.
- Employers must not treat pregnancy as a factor in dismissal decisions; doing so risks claims for both unfair dismissal and discrimination.
- Even employees with less than two years' service can bring claims for automatically unfair dismissal and discrimination.
- Injury to feelings awards can be substantial; here £10,000 was awarded for the distress caused by pregnancy discrimination.
What this case shows
This case highlights the strong legal protection for pregnant employees. The former employee was dismissed while pregnant, and the tribunal found that the dismissal was directly linked to her pregnancy. This made it automatically unfair under s.99 Employment Rights Act and discriminatory under s.18 Equality Act 2010.
What the employer could have done differently
Fiza Foods Ltd could have avoided liability by not dismissing the employee because of her pregnancy. Employers should be aware that pregnancy is a protected characteristic, and any dismissal connected to it will be automatically unfair, regardless of how long the employee has worked there.
Why the result matters
The award of £10,000 for injury to feelings reflects the distress caused by pregnancy discrimination. Even though the employee had less than two years' service (so no basic award), she still recovered significant compensation. This sends a clear message that pregnancy discrimination will not be tolerated, and employees in similar situations should consider bringing claims.
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