Z.Van Zwanenberg and R. Henderson Miss Siobhan Black v Represented by: Mr A Watt - Solicitor Ms Evelyn Drain t/a Pat Drain Barbers — 2022

Miss Siobhan Black was employed by Ms Evelyn Drain t/a Pat Drain Barbers from 23 October 2019. She became pregnant in 2020, took maternity leave, and returned in early April 2021. On 7 April 2021 she told Ms Drain that she was pregnant again. Four days later, on 11 April 2021, she was told that she was being paid off. The tribunal accepted that the business had been under financial pressure and that cost-cutting had been discussed, but it noted that no wider consultation process was carried out and no other member of staff was paid off or had hours reduced at that time.

The tribunal applied the authorities it cited on pregnancy discrimination and the burden of proof, including O'Neill, section 136 Equality Act 2010, Igen v Wong and Madarassy v Nomura. It held that the earlier attempt to terminate the claimant's employment when she first became pregnant, the timing of the dismissal shortly after she announced her second pregnancy, and the absence of consultation were sufficient facts from which an inference of discrimination could be drawn. The respondent did not prove that the dismissal was in no sense whatsoever on grounds of the claimant's pregnancy.

The claim was therefore held well founded under section 18 Equality Act 2010. On remedy, the tribunal treated the matter as a one-off act of discrimination, applied the lower Vento band and awarded £7,500 for injury to feelings, taking account of the upset caused to the claimant, her anxiety about supporting her family, and her evidence that the stress affected her epilepsy. The tribunal also noted that no separate mitigation evidence had been produced.