I was ‘P45’d’ from restaurant for being pregnant & told ‘no hard feelings’ – now I’ve won huge payout
A WOMAN who was sacked for being pregnant has won a huge payout in an employment tribunal.
The restaurant manager won £16,000 after being told she had been “P45’d” when she wanted to discuss her maternity arrangements.
The employment tribunal heard Ms A. McKnight began working at the Word Up bar and nightclub in Greenock in November 2020 according to the Herald.
Around a year later, she was promoted to the role of assistant manager at restaurant Fenwick 46 which is registered to the same address as the bar by then-manager Mark Bryceland.
The restaurant went through a £25,000 investment and would reopen in July 2022.
Ms McKinght’s pay was then increased to reflect her promotion and it between January and March 2022 she tended to work 18 and 23 hours per week.
She found out she was pregnant in the middle of January 2022 and found out her due date was September 20 2022.
The assistant manager informed her general manager Johnny Carruthers, who had sent her a congratulatory message, she planned to take maternity leave between August 11 and 23.
She wanted to wait and choose nearer the time.
But, Ms McKnight began experiencing health issues with her pregnancy and from the end of March she was offered “noticeably fewer” shifts after her boss claimed it was quiet in the restaurant.
She was then told to come back in in April 2022 for a “catch up”.
But when she phoned Lynsey Penman in HR to discuss maternity leave pay she was told she had been “P45’d”.
She immediately contacted her boss who did not deny it and later sent her a WhatsApp message to say “no hard feelings.”
He then sent her a message congratulating her on the birth of her son on September 17 2022.
Ms McKnight believed she had been let go because of her pregnancy which is a protected characteristic under the Equality Act 2010.
Therefore, women are exempt from unfair dismissal to changes to their contract terms and conditions.
The tribunal found Ms McKnight had been unfairly dismissed and the business had flouted section 18 of the Equality Act because she had been given fewer hours despite saying she was available for shifts.
They also found the managers failed to engage in sufficient arrangements for her maternity leave and confirming the arrangements of her leave.
The panel also found Ms McKnight was not given a statement of the terms and conditions of her employment in writing as is required by the law.
She was finally awarded £9,900 for injury to feelings, £5,465.12 as compensation for unfair dismissal and £591.28 in wages.
The tribunal panel, before employment judge Brian Campbell, said: “The unexpected decision to dismiss the claimant caused her a degree of stress at a time when she was already experiencing illness and other symptoms connected to her pregnancy.
“She had financial commitments in relation to her flat and car as well as everyday expenses.
“She called upon her partner and father to help her pay her bills. She felt upset and vulnerable.
“She felt that the way in which her dismissal was implemented was particularly underhand.”
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