October 19th 2024.
Nikita Twitchen found herself in a difficult situation when she returned from maternity leave to her job as an admin assistant at First Grade Projects. She had enjoyed a good working relationship with her managing director, Jeremy Morgan, and was looking forward to returning to work. However, things took an unexpected turn when she revealed that she was pregnant with her second child during their back to work meeting. While Mr. Morgan had initially expressed enthusiasm for her return, he seemed taken aback by the news of her pregnancy.
Ms. Twitchen had been with the company since February 2022 and had taken maternity leave in December of that year. She had expected to receive communication from First Grade regarding her return to work, but when she didn't hear anything by March 2022, she reached out to Mr. Morgan. He did not respond substantively, which was uncharacteristic of him. Ms. Twitchen followed up with him multiple times, but still did not receive a clear answer.
It wasn't until she contacted Mr. Morgan again in April 2022 that she was informed of her redundancy. According to Mr. Morgan, the company was facing financial difficulties and her role was no longer needed due to the installation of new software. However, during the court case, it was revealed that there was no evidence of financial difficulties or the installation of new software. In fact, the company had rebranded, hired new employees, and invested in vehicles since her dismissal. These details called into question Mr. Morgan's explanation for her redundancy.
Judge Robin Harvard found that Ms. Twitchen's dismissal was unfair and discriminatory. He took into account Mr. Morgan's change of attitude towards her after learning of her pregnancy, as well as the lack of evidence to support the company's claims. The judge noted that Ms. Twitchen must have experienced real anxiety and distress after losing her job while pregnant and facing financial uncertainty. He ordered First Grade and Mr. Morgan to pay her a total of £28,706 in compensation.
In response to the outcome of the tribunal, First Grade Projects released a statement expressing their disappointment and stating that they are actively reviewing their options. Ms. Twitchen's experience highlights the importance of companies providing clear reasons for dismissal and ensuring they are not discriminating against employees based on pregnancy or other protected characteristics.
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