Ms J Parry v Represented by Ms A Lavery Law Student Lucky Little Stars — 2025

Ms J Parry brought a claim under section 18 of the Equality Act 2010 after Lucky Little Stars withdrew a job offer for a nursery practitioner role. The tribunal found that she had been offered the job subject to disclosure, references and a PVG check, and that she told the nursery on 2 August 2024 that she was pregnant. On 5 August 2024 the respondent withdrew the offer, saying there was a lack of consistency for the children because the key worker would be going on maternity leave after six months.

The tribunal rejected the respondent’s explanation that the withdrawal was driven by the delay in references and the PVG process. It accepted that the claimant had been given the wrong email address for Disclosure Scotland, which explained why she did not receive the expected email, and that only a short time had passed between the application and the withdrawal. It also found that the unsatisfactory reference from Linnvale Primary School was not received until after the offer had already been withdrawn. Applying the approach in O’Neill v St Thomas Moore School and noting that pregnancy need only be an effective cause, the tribunal held that pregnancy was the main reason for the revocation of the offer.

The tribunal therefore found that the claimant was discriminated against because of pregnancy, contrary to section 18 of the Equality Act 2010. On remedy, it accepted that the role would have been full-time from the outset and at least £11.50 per hour, but concluded that there was no loss of earnings because the offer would in any event have been withdrawn once the negative reference was received shortly afterwards. The tribunal awarded £3,000 for injury to feelings, assessed at the lower end of the lowest Vento band, plus £220 interest at 8%, making a total award of £3,220.