Pregnant takeaway worker dismissed and then sued: a case of victimisation
A pregnant takeaway shop worker was dismissed after her employer removed her from the rota, then faced a county court claim and threats of police action when she contacted ACAS. The tribunal awarded £40,000 for unfair dismissal, pregnancy discrimination and victimisation.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant worked for the second respondent from 15 August 2017 until 22 September 2019.
- The claimant became pregnant in summer 2019 and the respondents knew by early August 2019.
- No pregnancy risk assessment was carried out.
- The claimant was told she could not return to Fleet Street after her holiday and was removed from the rota.
- The respondents brought a county court claim and threatened police action after the claimant contacted ACAS.
- The tribunal found the claimant was expressly dismissed on 22 September 2019.
Timeline
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Employment started
The claimant began working for the second respondent at the London Wall shop.
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Moved to Fleet Street
The claimant moved to the Fleet Street shop due to not getting on with other staff.
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First antenatal appointment
The claimant attended an antenatal appointment; she was not paid for this time.
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Conversation about pregnancy and work
Mrs Forbes told the claimant she could only work until end of September and offered £200.
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Holiday started
The claimant began a two-week holiday.
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Dismissal
Mrs Forbes sent a WhatsApp message saying the claimant was not on the rota and could not be paid; the tribunal found this was an express dismissal.
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Contacted ACAS
The claimant contacted ACAS regarding potential claims.
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County court claim issued
The second respondent issued a county court claim against the claimant for alleged theft.
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Threatening message
Mrs Forbes sent a WhatsApp message threatening police action and a criminal conviction.
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County court claim against boyfriend
The second respondent issued a county court claim against the claimant's boyfriend.
The legal issue
The tribunal had to decide whether the claimant was automatically unfairly dismissed because of her pregnancy, whether she suffered pregnancy discrimination in various acts, and whether she was victimised for making a protected act by contacting ACAS.
The outcome
The tribunal upheld claims of automatic unfair dismissal (pregnancy-related), wrongful dismissal, pregnancy discrimination (direct), victimisation, unlawful deduction of wages (holiday pay), and failure to provide a statement of employment particulars.
Key reasons:
- The claimant was expressly dismissed on 22 September 2019 when told she was not on the rota and could not be paid.
- The reason for dismissal was her pregnancy, making it automatically unfair.
- The respondents' county court claim and threats of police action after the claimant contacted ACAS were acts of victimisation.
Compensation:
- Basic award: £396.72
- Compensatory award: £6,816.78
- Total damages: £40,000 (includes other heads not separately listed)
Lessons & takeaways
- Pregnancy is an automatically unfair reason for dismissal – no length of service requirement applies for this claim.
- Employers must carry out a pregnancy risk assessment; failing to do so can be evidence of discrimination.
- Threatening legal action or police involvement because an employee asserts their rights can amount to victimisation.
- Removing a pregnant employee from the rota without proper process is likely to be seen as unfavourable treatment because of pregnancy.
A pregnancy that led to dismissal and retaliation
A takeaway food shop worker with two years' service became pregnant in summer 2019. Her employer, Bagelmania London Limited, knew by early August. Instead of carrying out a pregnancy risk assessment, the manager told the worker she could only work until the end of September and offered her £200. After she returned from a two-week holiday, she was removed from the rota and told she could not be paid. The tribunal found this was an express dismissal because of her pregnancy.
What makes this case stand out is what happened next. When the worker contacted ACAS to explore her rights, the employer issued a county court claim against her for alleged theft, and later threatened police action and a criminal conviction. The tribunal treated these acts as victimisation – retaliation for doing a protected act (contacting ACAS).
What the employer could have done differently
The employer could have avoided liability by carrying out a proper pregnancy risk assessment, discussing any concerns about the worker's ability to continue in her role, and not removing her from the rota without a fair process. Even if there were genuine issues about her performance or attendance, the employer should have followed a fair procedure and considered alternatives. Threatening legal action after the worker sought advice was a clear misstep that turned a discrimination claim into a victimisation one.
Why this matters for similar claims
This case shows that pregnancy discrimination can take many forms – from failing to carry out a risk assessment to removing someone from the rota. It also highlights that employers cannot retaliate against employees who assert their statutory rights. The tribunal's award of £40,000 reflects the seriousness of both the dismissal and the subsequent victimisation. For workers in similar situations, the key message is that contacting ACAS is a protected act, and any negative treatment because of it can be challenged.
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