Tales from the Tribunals

N Hinds v Mitie Ltd

3322885/2021 & 3322911/2021

Heard at Cambridge

When dealing with pregnant employees do remember to treat them with respect. A recent case involving a regional account manager working with the Sainsbury's account has been awarded  over £350,000 in compensation from Mitie after being called "very emotional and tearful" by her line manager during her pregnancy.  

The claimant while on annual leave, starting on June 2020, found out that she was pregnant and advised her manager in her first week back at work, and formally notified the company on the 23rd of July.  However, she noticed a change in attitudes towards her and her work responsibilities. She claimed that the respondent said, "Being more admin-based at home will benefit you now your circumstances have changed".  It was noted that no risk assessment was undertaken following this notification.

Then on October 16th, she raised several concerns including that on two separate occasions she had experienced panic attacks which she attributed to work-related stress and anxiety. Struggling with her workload she requested a resolution.

The claimant's manager, however, rather than looking to resolve the issue emailed HR taking a rather unsympathetic stance wrote,"I was expecting this email as Nicola has become very emotional and tearful, especially over the last week or so". He also indicated that she was not overworked but he did want to support her as much as possible.

Shortly after this, the claimant commenced her maternity leave which ended on 10th June 2021. Having returned to work she was then signed off sick with post-natal depression on 27th of July. She remained off work until she resigned on6th of September, claiming that her health, safety, and wellbeing had been disadvantaged. Following ACAS early conciliation she presented her claim to the employment tribunal on the 15th of November. She claimed that she had been unfairly constructively dismissed.

The Tribunal Judgement

In February 2023 ruled that the claimant had faced constructive dismissal and discrimination, because of the managers stereotyping the claimant as an "emotional, hormonal pregnant woman". Instead of dealing with her concerns dismissed them as pregnancy-related.

The tribunal did not believe the manager's claim that he wanted to support the claimant entirely, rather they found that "he effectively wanted her out of the way as soon as possible".

At the February hearing the claimant was awarded £37,000. However, at a subsequent judgment on loss of earnings in 2024, this figure very significantly increased to over £350,000!