Claimant won £29,796 awarded Employment Tribunal · 4 September 2023

Pregnant employee dismissed by text message: tribunal awards £30,000

A tribunal has awarded nearly £30,000 to a pregnant employee who was dismissed by text message after complaining about derogatory comments and a failure to provide support with lifting.

1 min read · Last updated 18 May 2026

Case details

Key facts

  • The claimant was employed by the first respondent from around February 2022 until her dismissal on 2 August 2022.
  • The claimant informed the second respondent of her pregnancy shortly after starting employment.
  • The second respondent made derogatory comments about the claimant's pregnancy and failed to provide assistance with lifting.
  • The claimant's hours were varied unfavourably after she complained about her treatment.
  • The second respondent dismissed the claimant by text message on 2 August 2022.
  • The respondents did not attend the hearing or file a response.

Timeline

  1. Employment start date

    The claimant began employment with the first respondent. This date is used for interest calculation.

  2. Derogatory comment about pregnancy sickness

    The second respondent told the claimant she was 'taking the piss' regarding her pregnancy-related sickness absences.

  3. Summary dismissal by text

    The second respondent sent a text message to the claimant stating 'you're causing issues don't bother coming in', dismissing her summarily.

  4. Third respondent confirms dismissal

    The third respondent told the claimant that the second respondent would 'sooner give hours to staff that supported him' after she complained.

  5. First claim presented

    The claimant issued claim form 1403454/2022 against all three respondents.

  6. Second claim presented

    The claimant issued claim form 1401037/2023 against the third respondent only.

  7. Hearing

    The tribunal heard the case in Exeter by video. The respondents did not attend.

  8. Judgment issued

    Employment Judge Smail issued the judgment.

The outcome

The tribunal upheld the claims of automatic unfair dismissal (pregnancy-related), unfavourable treatment because of pregnancy, wrongful dismissal, and failure to provide a written statement of terms.

Key reasons:

  • The employer made derogatory comments about the employee's pregnancy, failed to assist with lifting, varied her hours unfavourably, and dismissed her by text message.
  • The employer did not attend the hearing or file a response, so the tribunal accepted the employee's evidence.

Compensation breakdown:

  • £20,000 for injury to feelings
  • £5,000 (25% uplift for breach of ACAS Code)
  • £3,046.58 interest
  • £350 notice pay
  • £1,400 for failure to provide written statement
  • Total: £29,796.20

Lessons & takeaways

  • Pregnant employees are protected from unfavourable treatment and dismissal from day one of employment, regardless of length of service.
  • Employers must provide reasonable support for pregnancy-related needs, such as help with lifting, and must not make derogatory comments.
  • Dismissing an employee by text message without any process is almost certain to be unfair, especially if pregnancy is a factor.
  • Failure to respond to tribunal proceedings can lead to a default judgment and a 25% uplift on compensation for breaching the ACAS Code.
  • Employers must provide a written statement of terms within two months of employment; failure to do so attracts a penalty of 2-4 weeks' pay.

A swift dismissal with serious consequences

This case shows how quickly a pregnancy-related dispute can escalate into a costly tribunal claim. The employee, who had worked for Churston Court Inn Ltd for less than a year, informed her employer of her pregnancy shortly after starting. Instead of receiving support, she faced derogatory comments, a refusal to help with lifting, and her hours were varied unfavourably after she complained. The final straw came when she was dismissed by text message with the words 'you're causing issues don't bother coming in'.

What the employer did wrong

The employer made several fundamental errors. First, it failed to provide any reasonable adjustments or support for the employee's pregnancy. Second, it made inappropriate comments about her pregnancy-related sickness and called her 'hormonal'. Third, it varied her hours in a way that was clearly unfavourable. Finally, it dismissed her without any warning, hearing, or appeal – and did so by text message. The employer also failed to provide a written statement of terms, which added to the compensation.

Why the result matters

The tribunal awarded £20,000 for injury to feelings, plus a 25% uplift for breaching the ACAS Code of Practice on disciplinary and grievance procedures. This uplift is significant because the employer did not follow any procedure at all. The total award of nearly £30,000 sends a clear message: pregnancy discrimination will not be tolerated, and employers who ignore their legal obligations can expect substantial penalties. For employees, this case is a reminder that protection from pregnancy discrimination starts from day one, regardless of length of service.

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