Pregnant employee dismissed: automatic unfair dismissal after employer failed to respond
A former employee was awarded over £18,500 after being automatically unfairly dismissed due to pregnancy. The employer did not defend the claim, leading to a default judgment.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The respondent did not respond to the claims, leading to judgment under rule 21.
- The claimant was dismissed automatically unfairly due to pregnancy.
- The claimant suffered unauthorised deductions from wages and unpaid holiday pay.
- The claimant was awarded £9,000 for injury to feelings for pregnancy discrimination.
- A 10% ACAS uplift was applied to several awards.
Timeline
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Notice period start
Claimant's notice period began.
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Notice period end
Claimant's notice period ended.
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Dismissal effective
Claimant was dismissed, starting the prescribed period for benefits.
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Maternity leave start
Claimant's maternity leave began.
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End of 90% SMP period
End of 6 weeks at 90% statutory maternity pay.
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Liability and partial remedy hearing
Held by telephone; claims succeeded under rule 21.
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Remedy hearing for pregnancy discrimination
Held by video; remedy awarded for pregnancy discrimination.
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Remedy judgment issued
Corrected remedy judgment issued.
The legal issue
The tribunal had to decide whether the claimant was automatically unfairly dismissed because of her pregnancy, and whether she was owed unpaid wages, holiday pay, and notice pay. Because the employer did not respond, the claims succeeded by default.
The outcome
The tribunal ruled in favour of the former employee on all claims, including automatic unfair dismissal, pregnancy discrimination, unauthorised deductions from wages, and wrongful dismissal.
Key reasons:
- The employer failed to respond to the tribunal proceedings, leading to judgment under rule 21.
- The dismissal was automatically unfair because it was due to pregnancy.
- The claimant suffered injury to feelings as a result of the discrimination.
Compensation breakdown:
- Unauthorised deductions from wages and holiday pay: £216.14
- Notice pay (wrongful dismissal): £234.36
- Automatic unfair dismissal compensatory award: £7,408.33
- ACAS uplift (10% on notice pay and automatic unfair dismissal): £764.26
- Injury to feelings for pregnancy discrimination: £9,000.00
- ACAS uplift on injury to feelings (10%): £900.00
- Total: £18,523.09 (with £7,408.33 subject to recoupment)
Lessons & takeaways
- If you are dismissed because of pregnancy, you may have a claim for automatic unfair dismissal regardless of your length of service.
- Employers must respond to tribunal claims; failing to do so can result in a default judgment and higher compensation due to ACAS uplifts.
- Compensation for injury to feelings in discrimination cases can be significant, even without a full hearing on the merits.
- Keep records of all communications and pay slips to support claims for unauthorised deductions and unpaid holiday pay.
A case that shows the consequences of ignoring a tribunal claim
This case involved a former employee of The Workshop Coffee House Ltd who was dismissed while pregnant. The employer did not respond to the tribunal proceedings, leading to a default judgment. The tribunal found that the dismissal was automatically unfair because of pregnancy, and awarded compensation for financial losses and injury to feelings.
What the employer could have done differently
The employer could have avoided this outcome by engaging with the tribunal process. By failing to respond, they lost the chance to argue that the dismissal was fair or that the discrimination claim was unfounded. The ACAS uplift of 10% on several awards further increased the total compensation.
Why this matters for similar claims
This case highlights that pregnancy discrimination claims are taken seriously by tribunals. Even without a full hearing on the merits, the claimant received over £18,500, including £9,000 for injury to feelings. Employees who believe they have been dismissed or treated unfairly due to pregnancy should seek legal advice promptly, as there are strict time limits for bringing claims.
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