Dismissed while pregnant: employer's failure to provide written reasons adds to compensation
A tribunal found that a former employee was unfairly dismissed because of her pregnancy, and awarded over £23,800 including £12,000 for injury to feelings.
1 min read · Last updated 18 May 2026
Case details
- #pregnancy-discrimination
- #unfair-dismissal
- #failure-to-provide-written-reasons
- #failure-to-provide-written-statement
- #injury-to-feelings
- #remedy-hearing
Key facts
- The claimant was dismissed on 2 November 2021.
- The claimant was pregnant at the time of dismissal.
- The tribunal found the dismissal was discriminatory because of pregnancy.
- The first respondent failed to provide written reasons for dismissal.
- The first respondent failed to provide a written statement of employment particulars.
- The claimant was awarded a total of £23,823.48.
Timeline
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Dismissal
The claimant was dismissed from her employment.
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Claim presented
The claimant presented her claim form to the tribunal.
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Notice of claim sent
Notice of claim was sent to the respondents.
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First merits hearing
The tribunal held a final merits hearing and issued a judgment in favor of the claimant.
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ET3 presented
The respondents presented an ET3 and applied for an extension of time.
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Extension hearing
The tribunal heard the application to extend time and granted it, revoking the earlier judgment.
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Re-hearing starts
The re-hearing of the claims began.
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Final judgment
The tribunal issued a unanimous judgment upholding the claims and awarding £23,823.48.
The legal issue
The tribunal had to decide whether the claimant's dismissal was unlawful discrimination because of pregnancy and whether the respondents failed to provide written reasons and a written statement of employment particulars.
The outcome
The tribunal upheld the claims of pregnancy discrimination, failure to provide written reasons for dismissal, and failure to provide a written statement of employment particulars.
Compensation breakdown:
- Past losses: £6,590.99
- Future losses: £2,678.39
- Injury to feelings: £12,000.00
- Interest on past losses: £236.91
- Interest on injury to feelings: £862.68
- Failure to provide written reasons (2 weeks' gross pay): £668.80
- Failure to provide written statement (4 weeks' gross pay): £1,337.60
- Total: £24,375.37 (first and second respondents jointly liable for £22,368.97; first respondent only liable for £2,006.40)
Lessons & takeaways
- Pregnancy discrimination claims can succeed even if the employer disputes the reason for dismissal – the tribunal will look at the circumstances as a whole.
- Employers must provide written reasons for dismissal if requested, and failure to do so can result in an additional award of up to two weeks' pay.
- Employees are entitled to a written statement of employment particulars; failure to provide one can lead to a further award of up to four weeks' pay.
- Injury to feelings awards can be substantial – here £12,000 – reflecting the distress caused by discrimination.
What this case shows in practice
This case highlights the additional protections available to pregnant employees. The former employee was dismissed while pregnant, and the tribunal found that her pregnancy was the reason for the dismissal. The employer, Real Life Oldham Limited, also failed to provide written reasons for dismissal or a written statement of employment particulars, which added to the compensation.
The tribunal awarded a total of £24,375.37, including £12,000 for injury to feelings. The award also covered past and future financial losses, as well as separate penalties for the employer's failures to provide written documents.
What the employer could have done differently
The employer could have avoided the discrimination finding by ensuring that the dismissal was not related to pregnancy. They should have provided written reasons when requested and given the employee a written statement of terms. These are basic legal obligations that, if met, would have reduced the compensation significantly.
Why this result matters
This case is a reminder that pregnancy discrimination claims can succeed even when the employer disputes the facts. The tribunal's decision to award injury to feelings reflects the emotional impact of being dismissed while pregnant. For employees in similar situations, it shows that the law provides remedies not just for financial loss but also for the distress caused by discrimination.
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