Pub manager dismissed after maternity leave: pregnancy discrimination and automatic unfair dismissal
A pub manager was automatically unfairly dismissed and discriminated against after her employer failed to carry out a pregnancy risk assessment, changed her contract, evicted her from tied accommodation, and refused to let her return from maternity leave. The tribunal awarded £40,743.
2 min read · Last updated 18 May 2026
Case details
- #pregnancy-discrimination
- #maternity-leave
- #failure-to-conduct-risk-assessment
- #eviction-from-tied-accommodation
- #automatic-unfair-dismissal
- #holiday-pay
Key facts
- The claimant was employed as a Pub Manager from 3 May 2019 and lived in accommodation above the pub.
- She became pregnant in February 2021 and the respondent failed to carry out a pregnancy risk assessment despite her request.
- Shortly before maternity leave, the respondent issued a new contract changing her salary from £21,000 per year to £10 per hour, which she did not sign.
- While on maternity leave, the respondent required her to vacate the tied accommodation within 28 days.
- When she sought to return to work on 6 June 2022, the respondent did not allow her to return to her previous role.
- The claimant was dismissed on 6 June 2022 because of her pregnancy and maternity leave.
Timeline
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Employment started
Claimant began employment as Pub Manager at The Colin pub.
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Pregnancy disclosed
Claimant told director Chris Windle she was pregnant; he responded negatively.
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Risk assessment requested
Claimant asked for a pregnancy risk assessment; none was carried out.
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New contract issued
Claimant was presented with a new contract changing salary to £10/hour; she did not sign.
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Maternity leave started
Claimant began maternity leave, intending to return in 9 months.
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Baby born
Claimant gave birth.
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Maternity cover left
Claimant's partner Josh, who was covering her role, left.
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Notice to vacate accommodation
Respondent gave claimant 14 days' notice to move out of the pub flat.
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Moved out
Claimant vacated the accommodation.
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Dismissal effective date
Claimant was due to return from maternity leave but was not allowed to return to her role; tribunal found this amounted to dismissal.
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TUPE transfer
The Colin Kimberworth Ltd took over the pub; claimant's employment did not transfer as she had already been dismissed.
The legal issue
The tribunal had to decide whether the claimant was automatically unfairly dismissed due to pregnancy/maternity, whether the respondent discriminated against her on those grounds, and whether she was entitled to holiday pay.
The outcome
The tribunal unanimously upheld the claimant's complaints. It found that the respondent had automatically unfairly dismissed her under section 99 of the Employment Rights Act 1996 and discriminated against her contrary to section 18 of the Equality Act 2010 (pregnancy and maternity). The claim for holiday pay also succeeded.
Compensation was awarded as follows:
- Basic award: £1,212
- Compensatory award: £14,169.26
- Total: £40,743.65 (including a sum for injury to feelings and holiday pay)
Lessons & takeaways
- Employers must carry out a pregnancy risk assessment as soon as they are told of the pregnancy — failing to do so is discrimination.
- Changing a pregnant employee's contract to less favourable terms shortly before maternity leave is likely to be discriminatory.
- Requiring a new mother to vacate tied accommodation with very short notice during maternity leave can amount to pregnancy/maternity discrimination.
- An employee on maternity leave has the right to return to the same job — refusing that return is automatically unfair dismissal.
- Even if an employer becomes insolvent, a tribunal can still proceed and make a judgment, though recovering compensation may be difficult.
What this case shows
This case illustrates how a series of actions by an employer, each linked to the employee's pregnancy and maternity leave, can amount to both automatic unfair dismissal and discrimination. The claimant, a pub manager with three years' service, disclosed her pregnancy in February 2021. Instead of conducting a risk assessment, the respondent's director reacted negatively. Over the following months, the employer issued a new contract reducing her salary to £10 per hour, evicted her from the tied accommodation with just 28 days' notice while she was on maternity leave, and ultimately refused to allow her to return to her role.
The tribunal found that these actions were not isolated management decisions but were all because of her pregnancy and maternity. The failure to carry out a risk assessment, the imposition of a worse contract, the eviction, and the refusal to allow her back to work were each discriminatory. The dismissal itself was automatically unfair because the reason (or principal reason) was her pregnancy and maternity.
What the employer could have done differently
The respondent could have avoided liability by following basic legal obligations: carrying out a pregnancy risk assessment promptly, maintaining the claimant's terms and conditions during maternity leave, allowing her to remain in tied accommodation until a reasonable alternative was found, and permitting her to return to her job at the end of her leave. Instead, the director's negative reaction to the pregnancy set the tone for a series of unlawful acts.
Why this matters
This case is a reminder that pregnancy and maternity are protected characteristics under the Equality Act 2010, and that the right to return from maternity leave is a fundamental employment right. The automatic unfair dismissal provisions under section 99 of the Employment Rights Act 1996 mean that no qualifying period or upper age limit applies — any employee dismissed for a reason connected to pregnancy or maternity can bring a claim. The compensation awarded here, including injury to feelings, reflects the serious impact on the claimant, who lost both her job and her home.
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