Pregnant woman was unfairly fired from cleaning job – court
A WOMAN has been unfairly fired after telling her employer she was pregnant, a court has ruled.
A judge has ruled the boss of a kennel near Ulverston was unfair in firing the worker, named Ms T Donaldson, after he said she was pregnant.
The part-time cleaner was employed by Helan Greenhalf who marketed Roundhill’s bespoke boarding kennels.
Following a hearing, the judge ruled that the employee did not qualify for standard wrongful termination because she had not worked there for at least two years.
But the court ruled that she had been unfairly dismissed and that her complaint of ‘unfavorable treatment’ and that she had been discriminated against because of the protected characteristic of pregnancy was ‘well-founded’.
The hearing was to be held at the end of 2019 but was postponed and then further delayed due to Covid-19.
The court heard the worker joined the company in June 2018.
During the first few months of working there, he was said to have ‘conduct and ability issues’, including his late arrival at work, causing a minor injury to a dog and his inability to wash the clothes. dogs and clean their water bowls.
But the employer gave Ms Donaldson the opportunity to ‘improve’ during her probation.
In August 2018, the company was told by Barrow Council of new licensing guidelines which would put pressure on kennels and catteries to ensure their premises were as suitable as possible.
The employer had claimed she had warned Ms Donaldson at a meeting in October 2018 that she could be made redundant ‘due to the need to close a cattery and continuing business concerns over kennel renovation costs and the ‘impact that could help in the short term to retain customers’.
But the court found it was not discussed and accepted Ms Donaldson’s version of events.
She said she told her boss she was 10 weeks pregnant at the meeting.
A few days later, Ms Donaldson met Ms Greenhalf and her partner and were told that they ‘were going to have to cancel a lot of dogs in the next few weeks and therefore could deal with this work on their own’.
The court found that they also said they would not be able to keep her because of her “pregnancy and their belief that it was too dangerous for her to continue working because of the dangers caused by the slippery surfaces and other health and safety issues”.
A report indicates that the unpaid wages resulting from the dismissal were paid by the employer.