Made redundant while pregnant: tribunal extends time after traumatic birth and bereavement
A tribunal has allowed a former employee to bring her unfair dismissal and sex discrimination claims nearly five months late, after she suffered a traumatic birth, lost her partner, and faced pandemic isolation.
1 min read · Last updated 18 May 2026
Case details
- #pregnancy
- #redundancy
- #covid-19
- #traumatic-birth
- #bereavement
- #acas-extension
Key facts
- Claimant was made redundant on 31 July 2020 while 7½ months pregnant.
- Claimant gave birth on 23 September 2020 after a traumatic birth requiring blood transfusion.
- Claimant's partner died suddenly on 22 February 2021.
- Claimant presented her claim on 3 March 2021, nearly 5 months after the primary time limit.
- The tribunal found it was not reasonably practicable to present the unfair dismissal claim in time due to the claimant's circumstances.
Timeline
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Abnormal pregnancy scan
A scan revealed a low lying placenta, causing concern for the claimant and her unborn child.
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Effective date of termination
Claimant was made redundant.
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Birth of daughter
Claimant gave birth after a traumatic delivery; both mother and baby were at risk.
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Discharged from hospital
Claimant was discharged two days after birth.
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Primary time limit expired
Deadline for presenting unfair dismissal claim.
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Partner died
Claimant's partner died suddenly from a cardiac arrest aged 23.
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Contacted ACAS
Claimant contacted ACAS to begin early conciliation.
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Claim presented
Claimant issued her claim online.
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Judgment sent to parties
Preliminary hearing judgment extending time was sent.
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Reconsideration refused
Respondent's application for reconsideration was refused.
The legal issue
The tribunal had to decide whether to extend the time limit for the claimant to bring her unfair dismissal and sex discrimination claims, which were presented nearly five months after the primary deadline, due to her personal circumstances.
The outcome
The tribunal granted the extension, allowing the claims to proceed.
The key reasons were:
- The claimant was made redundant while 7½ months pregnant and had a traumatic birth requiring a blood transfusion.
- Her partner died suddenly from a cardiac arrest just before she filed her claim.
- Covid-19 restrictions left her isolated with no postnatal support, making it extremely difficult to pursue legal action.
The compensation will be determined at a later hearing.
Lessons & takeaways
- If you are made redundant while pregnant or on maternity leave, seek legal advice as soon as possible — time limits are strict but can be extended in exceptional circumstances.
- Keep a record of any medical issues, bereavements, or other significant events that prevent you from filing a claim on time — tribunals will consider these factors.
- Contact ACAS early conciliation even if you think you are out of time — it may still be possible to bring a claim if the delay is justified.
- The tribunal will look at the entire picture, including the impact of Covid-19 restrictions, when deciding whether to extend time limits.
A cascade of crises
This case shows how the employment tribunal can show flexibility when an employee faces an extraordinary run of bad luck. The claimant was made redundant at 7½ months pregnant, then suffered a traumatic birth requiring a blood transfusion, lost her partner to a sudden cardiac arrest, and was isolated at home during the Covid-19 lockdown with no postnatal support. By the time she filed her claim, the three-month deadline had passed by nearly five months.
What the tribunal considered
The tribunal accepted that the combination of these events made it not reasonably practicable for the claimant to present her unfair dismissal claim on time. For the sex discrimination claim, the tribunal applied the broader 'just and equitable' test and reached the same conclusion. The judge noted that the claimant had no access to face-to-face advice, long call wait times to advice centres, and was caring for a newborn alone while her partner worked long hours as a key worker.
What the employer could have done differently
Janet Sinden & Co argued that the claimant should have contacted ACAS earlier, but the tribunal rejected this, pointing to the overwhelming circumstances. Employers facing a redundancy situation with a pregnant employee should ensure they follow a fair process and consider whether the employee needs additional support or adjustments. In this case, the employer's decision to proceed with redundancy while the claimant was heavily pregnant and then contest the time extension added to the claimant's distress.
Why this matters
This decision is a reminder that time limits are not absolute. Tribunals have discretion to extend them where the employee can show a genuine inability to comply. For anyone who has been dismissed while pregnant or on maternity leave, it is worth seeking advice even if the deadline has passed — especially if there were medical or personal circumstances that made it impossible to act sooner.
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