Denisa Silvana Bordas v Gant UK Ltd — 2024

The tribunal found that the claimant started employment with the respondent on 19 August 2022 and was dismissed in writing on 7 October 2022. The issues were whether she was treated unfavourably by being asked for medical proof of miscarriage and by the decision to terminate her employment, and whether any such treatment was because of pregnancy or illness suffered as a result of pregnancy.

The tribunal found that the respondent's management first knew of the pregnancy on 14 September 2022, when the claimant told Michalina Kaliszewska that she had suffered a miscarriage. It preferred Ms Kaliszewska's evidence that she said a doctor's note would be useful in the context of sick pay and further absence, and found that the claimant was not asked to provide proof of miscarriage.

The tribunal found that Morad Khatiblou had decided on 11 September 2022 to terminate the claimant's employment for conduct and attendance reasons, before he knew of the pregnancy. It concluded that the claimant was not subjected to unfavourable treatment because of pregnancy or pregnancy-related illness, and dismissed the complaint.