In person For the v Respondent — 2024

Miss Finch was employed as an administrative assistant from 4 January 2023 on a six-month probationary contract. The tribunal heard evidence from her, Mr Bolger, Mr King and Ms Towns. It found that a management meeting on 2 March 2023 recorded concerns about her enthusiasm and sense of urgency and said she would be monitored, but there was no clear monitoring communicated to her and no appraisal process was carried out.

On 16 March 2023 Miss Finch told Mr King and Ms Towns informally that she was pregnant. The tribunal rejected the allegation that they treated her unfavourably by being short and blunt on that occasion, finding no concrete evidence of a negative attitude because of pregnancy. On 29 March 2023 she gave formal notice by email. A probation review that had been set for 4 April 2023 was brought forward to 31 March 2023 without explanation, and she was dismissed that day as unsuitable for the admin role.

The tribunal held that the dismissal was unfavourable treatment because of pregnancy within section 18 of the Equality Act 2010. It drew an inference that pregnancy, not capability, was the reason for dismissal and found the respondent had not disproved that ground. At remedy, the tribunal found Miss Finch had mitigated her loss, accepted that she made job applications, and awarded £11,308.05 for loss from 31 March 2023 to 25 October 2023, subject to recoupment, plus £10,000 for injury to feelings. It said the injury to feelings award reflected a single act with aggravating features and sat between the lower and middle Vento bands.