Pregnant physiotherapist forced out: constructive dismissal and discrimination at Barnet FC
A head sports physiotherapist was constructively dismissed after being investigated and having her grievance rejected following her pregnancy disclosure. The tribunal awarded £18,152.48.
1 min read · Last updated 19 May 2026
Case details
Key facts
- The claimant was employed as a chartered physiotherapist from 5 August 2019, moving to Barnet Football Club Ltd on 1 December 2019.
- She disclosed her pregnancy in December 2019 and told Mr Bartlett on 10 January 2020.
- The claimant made protected disclosures about medical confidentiality on 13 January 2020.
- She went off sick on 21 January 2020 and never returned to work.
- The respondent investigated an allegation about the claimant's conduct in response to her grievance and protected disclosures.
- The grievance and appeal were rejected, and the claimant was refused permission to be accompanied by her partner at the appeal.
Timeline
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Employment started
Claimant began work as a physiotherapist with TIC Physio Limited.
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Transferred to Barnet FC
Claimant's employment moved to Barnet Football Club Ltd, with continuous service from 5 August 2019.
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Meeting with Chairman
Claimant met Mr Kleanthous and agreed to transfer to Barnet FC.
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Dispute with Mr Bartlett
Claimant had a heated telephone conversation with Mr Bartlett about a player's medical referral.
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Pregnancy disclosed to Mr Bartlett
Claimant told Mr Bartlett she was pregnant before a team coach journey.
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Meeting with Mr Wigley
Claimant raised concerns about medical confidentiality and Mr Bartlett's conduct; made protected disclosures.
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Went off sick
Claimant saw her GP and was signed off sick; she never returned to work.
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Meeting with Chairman and HR
Claimant proposed a settlement and maternity suspension; Mr Kleanthous suggested alternative work.
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Email with protected acts
Claimant sent an email requesting documents and alleging pregnancy-related change in attitude.
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Investigation requested
Mr Bartlett asked HR to investigate an alleged remark by the claimant about going sick.
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Formal grievance submitted
Claimant's solicitors submitted a lengthy grievance alleging discrimination and protected disclosure detriment.
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Investigation notified
Respondent's solicitors wrote that an investigation into the claimant's performance and conduct was underway.
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Grievance report completed
Investigator Mr Day completed his report, recommending no action.
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Grievance outcome
Claimant was notified that her grievance was rejected.
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Appeal hearing scheduled
Claimant was refused permission to be accompanied by her partner; she did not attend.
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Appeal rejected
Mr Patel rejected the grievance appeal.
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Resignation
Claimant resigned by email, citing discrimination and breach of trust.
The legal issue
The tribunal had to decide whether the physiotherapist was constructively dismissed, discriminated against on grounds of sex and pregnancy/maternity, victimised, and subjected to detriment for making protected disclosures, and whether the club's actions were unlawful.
The outcome
The tribunal upheld multiple claims against Barnet Football Club Ltd, including victimisation, detriment for protected disclosures, sex and pregnancy/maternity discrimination in the grievance process, and constructive unfair dismissal. The claims against the chairman individually were dismissed.
Compensation awarded:
- Total: £18,152.48
- Basic award: £538.00
- Compensatory award: to be determined separately (remedy hearing deferred)
Lessons & takeaways
- If you are pregnant and treated differently after disclosing your pregnancy, you may have a claim for pregnancy/maternity discrimination.
- Making a protected disclosure about a colleague's conduct can give you additional legal protection against detriment or dismissal.
- Employers must allow a worker to be accompanied at a grievance appeal hearing by a chosen companion, unless there is a genuine reason to refuse.
- Investigating an employee's conduct in response to a grievance or protected disclosure can amount to victimisation.
- Constructive dismissal can be found where an employer's conduct destroys trust and confidence, such as rejecting a grievance without fair process.
What this case shows in practice
This case highlights the risks employers face when they mishandle a pregnancy disclosure and subsequent grievance. The physiotherapist, who had only five months' service with Barnet FC, disclosed her pregnancy in January 2020. Shortly after, she raised concerns about medical confidentiality and the conduct of a senior manager. Instead of addressing her concerns, the club investigated her performance and conduct, rejected her grievance, and refused her request to be accompanied by her partner at the appeal hearing. The tribunal found that these actions destroyed the trust and confidence in the employment relationship, leading to her constructive dismissal.
What the losing side could have done differently
Barnet FC could have avoided liability by taking the physiotherapist's concerns seriously from the start. Instead of launching an investigation into her conduct after she raised a grievance, the club should have dealt with her complaint fairly and promptly. Allowing her partner to accompany her at the appeal hearing would have been a simple step to ensure procedural fairness. The tribunal noted that the refusal to allow her chosen companion was discriminatory because it was linked to her pregnancy. A fair grievance process, free from retaliation, would have prevented the breakdown in trust.
Why the result matters for similar claims
This decision reinforces that even employees with short service are protected from discrimination and victimisation. It also shows that constructive dismissal can succeed where an employer's conduct is sufficiently serious to justify resignation. The case is a reminder that protected disclosures about medical confidentiality can trigger legal protections, and that investigating an employee in response to a disclosure may be unlawful. For employees in similar situations, it underscores the importance of documenting treatment and seeking legal advice early.
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