Pregnant employee with disabilities dismissed: tribunal finds automatic unfair dismissal and discrimination
A former employee with psoriasis, psoriatic arthritis and type 2 diabetes was dismissed because of her pregnancy and disability. The tribunal awarded £24,626.93.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was dismissed because she was pregnant.
- The claimant had disabilities: psoriasis, psoriatic arthritis, and type 2 diabetes.
- The respondent dismissed the claimant because of something arising from her disability.
- The respondent failed to make reasonable adjustments for the claimant's disabilities.
- The respondent did not provide a written statement of employment particulars.
- The respondent did not pay the claimant for notice period or annual leave.
Timeline
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Claimant employed
The claimant began working for the respondent. Exact start date not specified in judgment.
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Hearing and judgment
Employment Judge Phil Allen heard the case and issued a judgment in favor of the claimant.
The legal issue
The tribunal had to decide whether the claimant was discriminated against because of her pregnancy and disability, whether the respondent failed to make reasonable adjustments, and whether the dismissal was automatically unfair.
The outcome
The tribunal ruled in favour of the former employee on all claims, including pregnancy discrimination, disability discrimination, failure to make reasonable adjustments, automatic unfair dismissal, breach of contract, and unauthorised deductions from wages.
Compensation awarded:
- £15,000 for injury to feelings
- £6,484 for loss of earnings (60 weeks)
- £432 for failure to provide a written statement of employment particulars
- £108.06 for breach of contract (notice pay)
- £277.87 for unpaid annual leave
- £1,805 interest on injury to feelings
- £519 interest on general damages
- Total: £24,626.93
Lessons & takeaways
- Dismissing an employee because of pregnancy is automatically unfair, regardless of length of service.
- Employers must make reasonable adjustments for disabled employees, including those with conditions like psoriasis, psoriatic arthritis, and diabetes.
- Failure to provide a written statement of employment particulars can lead to increased compensation awards.
- Employers should ensure they pay all wages, notice pay, and holiday pay to avoid breach of contract claims.
- Representing yourself at tribunal is possible, but having legal advice can help navigate complex discrimination claims.
What this case shows in practice
This case highlights the serious consequences for employers who dismiss a pregnant employee without considering their legal obligations. The former employee, who had psoriasis, psoriatic arthritis, and type 2 diabetes, was dismissed because of her pregnancy and because of something arising from her disability. The tribunal found that the employer, Mrs Victoria Henderson t/a The Spirit Group, failed to make reasonable adjustments and did not provide a written statement of employment particulars. The claimant represented herself at the hearing, which shows that individuals can succeed without a lawyer, though the process can be challenging.
What the losing side could have done differently
The employer could have avoided this outcome by recognising the claimant's pregnancy and disabilities as protected characteristics. They should have consulted with her about any adjustments needed, such as flexible working or changes to duties. Instead of dismissing her, they should have explored alternatives and followed a fair process. Providing a written employment contract and paying all wages, notice, and holiday pay would also have prevented the breach of contract claims. The employer did not attend the hearing, which meant the tribunal made decisions based on the claimant's evidence alone.
Why the result matters for similar claims
This case reinforces that pregnancy discrimination is automatically unfair, and disability discrimination claims can succeed even when the employer is a small business. The award of £15,000 for injury to feelings reflects the distress caused. The additional compensation for failure to provide a written statement shows that employers must comply with basic legal requirements. For employees in similar situations, this case demonstrates the importance of keeping records and seeking advice early. It also shows that tribunals will enforce rights even against absent respondents.
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