Miss Abigail Hayler v Michelle Meyer and Deborah Dior t/a Beachcombers — 2025

Miss Hayler worked at Beachcombers as an apprentice hairdresser and told the respondents on 24 July 2023 that she was pregnant. The tribunal accepted that Ms Meyer said she was too young to have a baby, that she had not thought about the business, that she would be expected to return full-time, and that she might have to repay £1,000 of apprenticeship costs. It did not uphold the allegation about tablets to end the pregnancy, and it found no proved unfavourable treatment in relation to social events or the failure to carry out a pregnancy risk assessment, the latter being explained by the respondents' lack of awareness of the obligation.

On 1 August 2023 the claimant's hours were reduced from 40 to 30 per week, and on 8 August 2023 she was told that she would be made redundant. The tribunal accepted that the salon had financial difficulties, but held that the evidence did not show that the dismissal was in no sense whatsoever tainted by discrimination. It found that the respondents had not discharged the burden under section 136 Equality Act 2010, applying the section 18 Equality Act 2010 test, the significant influence approach in Nagarajan, and the burden-shift guidance in Barton and Igen.

The tribunal also upheld the alternative claim of automatically unfair dismissal. It held that the dismissal was connected with pregnancy for the purposes of section 99 ERA 1996 and Regulation 20 of the Maternity and Parental Leave Regulations 1999. The discrimination award comprised agreed financial loss of £4,060, an ACAS uplift, injury to feelings assessed at £13,450, further ACAS uplift, and interest. The tribunal recorded a total discrimination compensation figure of £24,768, plus a basic award of £100 for unfair dismissal, giving a total award of £24,868. It also noted that the Employment Protection (Recoupment of Benefits) Regulations 1996 did not apply because the compensation was for discrimination and benefits had been taken into account.