It was recently decided in the case of Ms N Hinds v Mitie Ltd, that the claimant should have her compensation boosted by nearly ten times the suggested amount, resulting in a pay out of over £350,000 in total.
This comes following a ruling by the tribunal that Ms Hinds had been both discriminated against and constructively dismissed as a result of “dismissive and belittling” treatment during her pregnancy by the facilities management business, Mitie (“the respondent”).
Facts of the case
In April 2020, Ms Hinds, a regional account manager discovered that she was unexpectedly pregnant whilst on leave. She initially notified the respondent informally upon her return and later formally notified them on 23 July 2020.
The respondent failed to carry out a risk assessment during Ms Hinds pregnancy. The tribunal later held that her manager Nav Kalley, “had limited knowledge” about responsibilities towards pregnant employees and particularly about the respondent’s own policies.
On 16 October 2020, Ms Hinds sent an email to Mr Kalley to express that she was “really struggling” with her workload and had suffered two panic attacks the week prior.
Rather than address Ms Hinds concerns, Mr Kalley instead sent an email to HR stating that he was “expecting this email as Nicola has become very emotional and tearful.” Mr Kalley further expressed that “I know we have to deal with this very sensitively,” however “we need to move this forward.”
EJ Tynan ruled that “rather than genuinely wanting to support the claimant, Mr Kalley instead wanted the respondent to be seen to be supportive” and “more pertinently it was not legally compliant and did not reflect the respondent’s own documented guidance.”
Ms Hinds proceeded to commence her maternity leave earlier than planned, during which, she reported her mental wellbeing significantly deteriorated. Ms Hinds was diagnosed with depression on 20 June 2021 and later with postnatal depression on 27 July 2021.
Despite the respondent operating return to work plans, this was not completed for Ms Hinds and following a further certification of postnatal depression on 2 September, she resigned a few days later.
It was held that the “trust and confidence was significantly compromised, indeed ultimately destroyed, over an extended period of time from at least October 2020 to 6 September 2021 when the claimant resigned her employment.”
This case highlights that it is important employers ensure that they not only have effective and up to date policies in place to support pregnant employees, but that staff undertake regular training to ensure these policies are implemented correctly. If you are a business and require advice and guidance surrounding your current practices, please do get in touch with our specialist employment law and HR support team on 0161 696 6170
Equally, if you are an employee and feel you have not been supported by your employer during your pregnancy, please contact us so that we can discuss how we can assist with progressing your claim.
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