Recent tribunal case serves as a reminder for UK businesses: ignoring pregnancy discrimination laws can lead to costly, reputation-damaging consequences. In a South Wales case, administration assistant Nikita Twitchen was awarded nearly £29,000 after her employer dismissed her upon learning of her second pregnancy during maternity leave. The tribunal found the company’s redundancy claims unfounded, ruling that Twitchen’s dismissal was based on discrimination—a costly mistake that UK employers should avoid.
For HR leaders and business owners, this case reinforces the importance of understanding—and actively upholding—maternity protections. Here, we break down the key insights and best practices for handling pregnancy and maternity leave with professionalism and legal responsibility.
Discrimination Under the Guise of Redundancy
Nikita Twitchen, employed at First Grade Projects, had recently returned from maternity leave when she informed her employer of her second pregnancy. The initial tone of her return-to-work meeting was positive, with the managing director mentioning a new contract and future stability for the business. However, after Twitchen shared her pregnancy news, her employer’s attitude reportedly changed abruptly. Not long after, she was dismissed under the pretense of redundancy due to “financial difficulties”—a reason the tribunal found to be unsubstantiated and discriminatory.
Twitchen’s claim included evidence of distress from losing her job while pregnant, and the tribunal agreed. She was awarded £28,706.76, with £15,000 attributed to the injury of her emotional well-being. For businesses, this case highlights the risks of not taking pregnancy protections seriously and the importance of handling maternity return with due diligence and empathy.
Impact of Ignoring Pregnancy Discrimination
1. Financial Penalties
The tribunal’s ruling led to significant financial compensation for the claimant, and similar cases can lead to extensive costs, including legal fees, compensation payouts, and potential fines. Missteps can quickly add up, impacting both immediate cash flow and long-term financial health.
2. Reputational Damage
Employment tribunal cases are often public record, and companies found guilty of discrimination risk damaging their reputation. In an era where brand reputation matters, discriminatory practices can result in negative press and deter potential hires.
3. Employee Morale and Retention
Dismissing or mistreating employees during their pregnancy or maternity leave sends a message to the rest of the workforce. By not respecting employees’ rights, companies risk harming morale and seeing higher turnover rates, particularly among valued female employees who feel unsupported during life-changing events.
Best Practices to Avoid Costly Discrimination Claims
1. Implement Clear Maternity and Pregnancy Policies
Clear, up-to-date policies around pregnancy and maternity leave offer guidance to both managers and employees. By setting standards, companies can avoid misunderstandings and prevent discrimination issues from arising. Additionally, training managers on these policies helps ensure a positive, supportive work environment for employees on maternity leave.
2. Communicate Clearly and Consistently
Effective communication around return-to-work plans, maternity leave, and any role changes is essential. By maintaining open, supportive channels, employers build trust and prevent misunderstandings. In Twitchen’s case, communication lapses created a climate of uncertainty, leading to her belief that her role was no longer secure—something HR teams can easily avoid with regular updates and transparent dialogue.
3. Document Business Decisions Rigorously
Whenever financial difficulties or redundancy come into play, comprehensive documentation is key. Business decisions that impact roles and responsibilities should be carefully documented, especially if they involve protected characteristics such as pregnancy. This provides a concrete, non-discriminatory reason for decisions, shielding the company if future claims arise.
Protect Your Business, Protect Your People
The best way to avoid discrimination claims is by investing in clear, supportive policies around pregnancy and maternity, training managers to handle these scenarios appropriately, and ensuring compliance with the Equality Act 2010. By establishing these practices, employers not only mitigate legal risks but also build a positive and inclusive workplace culture.
Our 3-Month HR Retainer is designed to help businesses navigate complex HR challenges, like maternity leave compliance, employee relations, and tribunal defence strategies. With our guidance, your team can feel confident in creating a supportive and legally compliant workplace environment.
