Pregnancy dismissal after 10 weeks: employer's failure to follow any procedure was automatically unfair
A compliance administrator was dismissed during her pregnancy without any disciplinary process. The tribunal awarded £12,347 for automatic unfair dismissal and pregnancy discrimination.
1 min read · Last updated 18 May 2026
Case details
- #pregnancy-discrimination
- #automatic-unfair-dismissal
- #acas-code-uplift
- #no-written-particulars
- #injury-to-feelings
Key facts
- The claimant was employed as a compliance administrator from 15 September 2020 to 19 November 2020.
- The claimant was dismissed on 19 November 2020, during her pregnancy protected period.
- The respondent admitted no written statement of employment particulars was provided.
- The respondent did not follow any disciplinary or dismissal procedure before dismissing the claimant.
- The claimant obtained new employment in January 2022 after her maternity leave ended.
Timeline
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Employment started
Claimant began work as a compliance administrator for Nav Logistics Ltd.
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Dismissal
Claimant was dismissed without any procedure, during her pregnancy.
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Appeal meeting
Claimant appealed dismissal; respondent refused further meeting.
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Early conciliation ended
Early conciliation with ACAS concluded.
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Claim presented
Claim form submitted to the tribunal.
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New employment started
Claimant started work at SN Logistics Ltd, earning £1,255.68 over 6 weeks.
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Child born
Claimant gave birth.
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Maternity leave ended
Claimant's maternity leave ended; she could have returned to work but did not due to employer's financial difficulties.
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Liability hearing day 1
Tribunal heard evidence and found unfair dismissal and pregnancy discrimination.
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Liability judgment
Oral judgment given upholding claims.
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Remedy hearing
Tribunal determined compensation.
The legal issue
The tribunal had to decide whether the claimant was automatically unfairly dismissed because of her pregnancy and whether the respondent discriminated against her contrary to section 18 of the Equality Act 2010.
The outcome
The tribunal upheld the claims of automatic unfair dismissal and pregnancy discrimination.
The key reasons were:
- The respondent admitted no written statement of employment particulars was provided.
- No disciplinary or dismissal procedure was followed before the dismissal.
- The dismissal took place during the protected period of pregnancy.
Compensation breakdown:
- Basic award: £402.50
- Loss of statutory rights: £450
- Compensatory award: £3,327.12
- Injury to feelings: £8,167.33
- Total: £12,346.95
Lessons & takeaways
- Employers must follow a fair procedure before dismissing any employee, especially during pregnancy.
- Failing to provide written particulars of employment is a breach of the Employment Rights Act 1996 and can increase compensation.
- Pregnancy-related dismissals are automatically unfair; no qualifying period of service is needed to bring a claim.
- Lay representation can be effective in employment tribunals, but professional advice is recommended for complex cases.
A brief employment, a clear breach
The claimant worked as a compliance administrator for just 10 weeks before being dismissed without warning or procedure. She was pregnant at the time, placing her in a protected category under the Equality Act 2010. The respondent, Nav Van Hire Limited, did not provide her with a written contract, did not follow any disciplinary or capability process, and refused her appeal. The tribunal found that the dismissal was automatically unfair because it was related to her pregnancy.
What the employer could have done differently
The respondent could have avoided liability by following a basic disciplinary procedure, such as giving the claimant a chance to respond to any concerns, holding a meeting, and offering a right of appeal. Providing written particulars of employment from the start would also have been a legal requirement. Instead, the employer's failure to engage in any process meant the tribunal had no hesitation in finding the dismissal automatically unfair.
Why this case matters
This case is a reminder that pregnancy discrimination claims do not require a minimum length of service. Even a very short employment relationship is protected. The award of £8,167 for injury to feelings reflects the distress caused by the dismissal and the lack of any proper process. For employees in similar situations, the key takeaway is that the law provides strong protection during pregnancy, and tribunals will not hesitate to award compensation when employers ignore their obligations.
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