Pregnancy Discrimination and Compensation
Pregnancy Discrimination and Compensation
Boardside Law has acted for both employees and employers in pregnancy related disputes.
In one such case Tribunal recently, we were instructed by a talented artist, who had been dismissed from her role as a designer, one week after informing her employer that she was pregnant.
Her case bears a striking resemblance to the recent Employment Appeal Tribunal (EAT) decision in Shakil v Samsons Ltd, which serves as a crucial reminder of the legal protections afforded to pregnant employees and the significant consequences for employers who fail to uphold their obligations.
Background
Ms. Shakil, an accountant/bookkeeper who had worked for her employer for around 6 months, alleged she was subjected to discriminatory treatment by her employer, Samsons Ltd, after taking time off due to morning sickness. Samsons Ltd reduced her hours of work without notice, criticised her capability and conduct, placed her at risk of redundancy (citing a downturn in work), and dismissed her one day before she was due to go on maternity leave. Among her claims, Ms. Shakil highlighted exclusion from key meetings, and negative comments made by her manager, suggesting her pregnancy was an "inconvenience" to the business.
Ms. Shakil’s claim of discrimination was successful. The Tribunal found that:
- Ms. Shakil had been treated unfavourably due to her pregnancy, contrary to the Equality Act 2010;
- the employer’s actions created a hostile work environment, and the redundancy was a sham which was motivated by Ms. Shakil’s pregnancy.
Ms. Shakil appealed the amount of compensation she was awarded (£5,000). The EAT agreed with Ms. Shakil that the initial award by the Tribunal was ‘totally flawed’, not least because the Tribunal had not taken into account the ‘Vento Bands’ (see below). The EAT increased the amount of compensation for injury to Ms. Shakil’s feelings, stating: ‘This [was] not a case in which there was one-off treatment that would be likely to result only in limited injury to feelings.’ (Ref: [2024]EAT 192).
The Vento Guidelines
The Vento Guidelines are used to assess the amount of compensation in cases of discrimination or harassment, based on factors such as injury to feelings. They categorise compensation levels for injury to feelings into three bands, which are currently as follows:
- Lower Band: £1,200 to £11,700 - for less serious cases, where the act of discrimination or harassment is found to have a limited impact on the claimant.
- Middle Band: £11,700 to £35,200 - for cases that are more serious.
- Upper Band: £35,200 to £58,700 - for the most serious cases of discrimination, harassment, or victimisation, where the impact on the claimant is significant.
In exceptional cases the level of compensation could be even higher. An award of injury to feelings compensates a ‘victim’ for subjective feelings of, by way of example, upset, frustration, worry, anxiety, mental distress, fear, grief, anguish, humiliation, unhappiness, stress, and depression.
Employers should bear in mind that the purpose of the award is to compensate a claimant for harm caused rather than to punish the respondent. When considering likely compensation, it is important to assess the impact upon the actual individual involved, because unlawful discriminatory behaviour may affect different individuals differently. Overt discrimination and the conduct of the employer is likely to increase the level of injury to feelings, however. Such conduct can include defending the claim in an inappropriate manner, which can be a reason for the Tribunal to award an increased amount for the level of injury to feelings.
Key Takeaways for Employers
- Proactive Training: managers and HR teams must be trained to handle pregnancy-related matters sensitively and within the legal framework.
- Inclusive Work Practices: pregnant employees should not face any reduction in responsibilities or exclusion from opportunities unless explicitly requested by the employee.
- Documentation: employers should maintain clear records of communications and decisions to demonstrate fair treatment if disputes arise.
This case underscores the importance of fostering an inclusive culture and ensuring compliance with the Equality Act to avoid costly litigation and reputational damage. Boardside Law can provide advice and guidance to employers in relation to the financial impact of individual cases.
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