Boss laid off staff member because she returned from maternity leave pregnant again

Something went wrong, please try again later.

Invalid email Something went wrong, please try again later.

Don't miss out on the big stories from Manchester's courts with our weekly newsletter

A mother has been awarded over £28,000 in compensation after being dismissed due to her pregnancy.

Nikita Twitchen was preparing to come back from maternity leave when First Grade Projects, a building services firm and sponsor of Swansea City football club, let her go upon learning she was pregnant again.

Hired in October 2021 as an office administration assistant by the Pontypridd-based company, Ms Twitchen spoke highly of her rapport with the managing director, 49-year-old Jeremy Morgan, during an employment tribunal.

READ MORE: 'Beautiful inside and out': Young man, 20, killed in M61 crash pictured as family pay tribute

She recounted their relationship as "very good", noting that he was "very responsive" whenever she needed to discuss anything with him.

Ms Twitchen fell pregnant shortly after taking on the role and commenced her maternity leave in June 2022. In the subsequent year, on February 17, she had a return-to-work meeting with Mr Morgan.

The tribunal was informed that the meeting began on a positive note, with Mr Morgan commenting on the company's strong performance and its recent NHS contract win.

He expressed eagerness for Ms Twitchen's return and they settled on her working hours post-maternity leave.

However, towards the end of the meeting, Ms Twitchen disclosed that she was expecting another child. The tribunal heard that this news "came as a shock" to her boss, who later insisted he had congratulated Ms Twitchen, a claim she refuted.

When her maternity leave concluded on March 26, no one from First Grade reached out to confirm her return to work. She anticipated returning on April 3 but found herself having to follow up for a response to her message to Mr Morgan.

Eventually, he messaged her: "It's best to leave it until you have your routine in place."

On April 4, she queried Mr Morgan about holiday entitlement for later in the year, but he "failed to respond substantively", which was uncharacteristic, according to the tribunal. Ms Twitchen sent a follow-up message on April 11 and again on April 18.

Later that day, Mr Morgan called her to inform her that she was being made redundant due to financial difficulties and delays in some payments to the business. He later alleged that new software was being implemented which meant her role "would no longer exist".

He also claimed a workshop manager had been made redundant earlier that year, a fact Ms Twitchen was previously unaware of.

Employment Judge Robin Havard praised Ms Twitchen for her dedication to work, stating she should be "commended" for her efforts working at a launderette and a caravan park from June to October 2023. Despite being eight weeks pregnant at the time of her return-to-work meeting, she continued to clean caravans throughout the summer "in very hot conditions, travelling 45 minutes each way, up until she was 39 weeks pregnant".

The judge highlighted her need for employment due to her family's financial stability.

Judge Havard pointed out that Mr Morgan had not raised any issues regarding financial difficulties or redundancy during their February meeting, even claiming the business was prospering. Furthermore, there was no mention of new software in an April phone call.

The judge criticised First Grade for not providing "produce any evidence of the alleged financial difficulties or of the new software" in court. Additionally, it was noted that Ms Twitchen never received a written explanation for her dismissal.

Post-dismissal, Ms Twitchen observed that the company had undergone rebranding, taken on new staff, and invested in vehicles, which Judge Havard said "cast doubt" on Mr Morgan's assertions of financial hardship. WalesOnline has verified Companies House records indicating that First Grade's retained earnings were £125,586 in 2023 and £61,231 in 2022.

Judge Havard found Ms Twitchen's dismissal was on the grounds of her pregnancy. This conclusion came after taking note of Mr Morgan's altered demeanour post-disclosure of the pregnancy, his reduced message response times, and the "complete lack of any coherent evidence-based alternative explanation" despite being given numerous chances to present one.

The Judge deemed the termination of Ms Twitchen as unfair and discriminatory, acknowledging it surely caused her "real anxiety and distress over a period of time, having been dismissed when pregnant and losing her sense of financial security with all the family responsibilities that she had". As a result of these findings, Judge Havard has ruled that First Grade and Mr Morgan must pay damages amounting to £28,706.

With its workforce number at 14, First Grade Projects, registered under Genu Prima Limited at Companies House, was highlighted during the tribunal. The business, which boasts Swansea City among its sponsorship deals, responded to WalesOnline with a statement expressing their displeasure: "We are extremely disappointed with the outcome of the tribunal. We are actively reviewing all relevant information and considering all available options. At this point in time we are unable to provide any further comment."