Receptionist dismissed during pregnancy-related illness: direct discrimination found
A receptionist was summarily dismissed after four weeks off sick with pregnancy-related hyperemesis. The tribunal found direct pregnancy discrimination and unfair dismissal, awarding £4,724 in compensation.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a receptionist from 5 December 2014 until her summary dismissal on 19 February 2018.
- The claimant became pregnant in late December 2017 and suffered from pregnancy-related illness (hyperemesis) from January 2018.
- The claimant's husband was told by Dr Malik on 19 February 2018 that she was 'no longer needed'.
- The claimant was not paid for work in January 2018 and did not receive statutory sick pay.
- The respondent failed to file a response and did not attend the liability hearing; Dr Malik's response was struck out.
- The tribunal found that the dismissal was because of the claimant's pregnancy-related illness, constituting direct pregnancy discrimination.
Timeline
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Employment started
Claimant commenced employment as a receptionist at Malik Law Chambers.
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Pregnancy began
Claimant became pregnant towards the end of December 2017.
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Last day worked
Claimant worked her last day before going off sick due to pregnancy-related illness.
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Sickness absence started
Claimant began a period of sickness absence due to hyperemesis (severe morning sickness).
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Summary dismissal
Claimant's husband visited Dr Malik to provide medical certificates; Dr Malik told him the claimant was 'no longer needed', effectively dismissing her.
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Firm intervened
Malik Law Chambers was intervened by the Solicitors Regulation Authority and ceased trading.
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ET1 presented
Claimant presented her claim to the Employment Tribunal.
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First judgment
Employment Judge Jones made a default judgment in favour of the claimant.
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Reconsideration hearing
The judgment was set aside and the discrimination claim against Dr Malik was allowed to proceed.
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Liability hearing
Final hearing on liability before Employment Judge Massarella and members.
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Liability judgment
Tribunal found the claimant was unfairly dismissed and suffered pregnancy discrimination.
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Remedy hearing
Tribunal awarded compensation including injury to feelings and aggravated damages.
The legal issue
The tribunal had to decide whether the receptionist's dismissal was because of her pregnancy-related illness (direct pregnancy discrimination) and whether it was unfair under employment law.
The outcome
The tribunal ruled in favour of the receptionist, finding that she was unfairly dismissed and directly discriminated against because of her pregnancy.
Key reasons:
- The respondent dismissed her because she was off sick with hyperemesis, a pregnancy-related condition.
- No proper procedure was followed – she was told she was 'no longer needed' without any warning or hearing.
- The respondent failed to engage with the tribunal process and did not attend the hearing.
Compensation:
- Basic award: £657.23
- Injury to feelings: £3,000
- Aggravated damages: £1,000
- Unpaid wages: £66.77
- Total: £4,724
Lessons & takeaways
- Dismissing an employee because of a pregnancy-related illness is direct sex discrimination – there is no need to compare with a non-pregnant employee.
- Employers must follow a fair procedure even when an employee is on sick leave; a summary dismissal without any process is likely to be unfair.
- Failing to respond to a tribunal claim or attend the hearing can lead to a default judgment and higher costs.
- Pregnant employees are protected from the moment they become pregnant – any detriment linked to pregnancy is unlawful.
This case shows how quickly things can go wrong when an employer fails to understand the protections that apply to pregnant employees. The receptionist, who had worked for the firm for over three years, became pregnant in late 2017 and developed hyperemesis – a severe form of morning sickness – in January 2018. After four weeks of certified sick leave, her husband was told by one of the firm's owners that she was 'no longer needed'. No warning, no meeting, no right of appeal.
What the employer did wrong
The firm's response to the pregnancy-related absence was to dismiss the employee outright. That is a textbook example of direct pregnancy discrimination: the reason for the dismissal was the pregnancy-related illness itself. The law is clear – unfavourable treatment because of pregnancy or its effects is automatically sex discrimination. The employer also failed to pay her for work done in January 2018 and did not provide statutory sick pay.
Why the result matters
The tribunal awarded £4,724, including £3,000 for injury to feelings and £1,000 in aggravated damages because of the way the dismissal was handled. The employer's failure to file a response or attend the hearing meant the tribunal accepted the employee's evidence unchallenged. For anyone considering a similar claim, this case is a reminder that tribunals take pregnancy discrimination very seriously, and that employers who ignore the process can face default judgments and higher awards.
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