Mrs N Kayahan Kolan v Marks and Spencer plc — 2025

The claimant complained that she had been automatically unfairly dismissed for a reason connected with pregnancy and directly discriminated against because of pregnancy. The respondent denied dismissal and said the claimant had resigned, and denied that any treatment was because of pregnancy.

The tribunal preferred the claimant's evidence where it differed materially from Ms Bowie's evidence. It found that after the claimant disclosed her pregnancy on 30 October 2023, the respondent communicated that no jobs were available for her and instructed her to hand over her swipe card and locker key. The tribunal found that, by word and deed, the respondent unambiguously communicated dismissal.

The tribunal found that the dismissal was caused by the claimant's disclosure of pregnancy and that pregnancy was the reason or principal reason for dismissal. It noted that before the disclosure both parties had been seeking to resolve issues about heavy lifting in the bakery, and it found no other explanation for the immediate change in position. Both automatic unfair dismissal and pregnancy discrimination were upheld.