Describing an expectant mother as ‘emotional’ is discrimination, tribunal rules
Describing an expectant mother as “emotional” at work is discrimination, a tribunal has ruled.
Bosses risk stereotyping pregnant employees with “dismissive and belittling” language that suggests they are not fully in control of themselves, an employment judge said.
The ruling came in the case of a female account manager whose manager said she was being “very emotional and tearful” and who was portrayed as “hormonal” when she raised concerns about her workload.
Nicola Hinds, 37, was ignored by her boss and was so badly treated after she returned to work following the birth of her child she resigned.
However, she is now in line to receive compensation after a judge upheld her claims of pregnancy discrimination and constructive dismissal following a hearing in which she represented herself against the FTSE 250 company Mitie.
‘Dismissive and belittling’
Employment judge Roger Tynan said Ms Hinds’s male boss had stereotyped her as “an emotional, hormonal pregnant woman and that, in the particular circumstances, his description of her as emotional and tearful was dismissive and belittling”.
“The inference was that she was not fully in control of her emotions because of the pregnancy and that she was making unreasonable demands as a result,” he said.
The hearing in Cambridge heard Ms Hinds worked for facilities management firm Mitie – which provides services such as security – and was the firm’s regional manager for its account with Sainsbury’s supermarket.
A female manager described her in February 2020 as “extremely dedicated”, always striving to deliver the best possible customer service to her client and having “tremendous potential”, the tribunal heard.
In April that year, Ms Hinds discovered she was pregnant and informed her bosses – with whom she was said to have had a good relationship akin to a friendship.
In October, however, she said she was “really struggling” with her workload after suffering two panic attacks in a week.
The tribunal found bosses handled the complaint “ineptly”.
Nav Kalley, her male manager, did not respond to her personally at all, and his immediate response was captured in a “short, unsympathetic and insensitive” email to a fellow colleague.
“I was expecting this email as Nicola has become very emotional and tearful especially over the last week or so,” he wrote.
“I am very frustrated with this as she is certainly not overworked and we have been very supportive in helping her manage her workload.
“Can we please have a chat as I suggest we allow her to go next week if she wants, on unpaid leave until her paid leave kicks in.
“I know we have to deal with this very sensitively and I want to try and support Nicola as much as I can but we need to move this forward.”
He added that if Ms Hinds was to leave others would be able to “pick this up if required”.
Ms Hinds suffered two panic attacks
Ms Hinds returned to work after her maternity leave, but an interview in June 2021 to discuss her needs was “inadequate” and a risk assessment was never carried out, leading to her resignation in September, the hearing was told.
Ms Hinds’s complaints of constructive dismissal and discrimination in relation to Mr Kalley’s description of her and the handling of her complaint were upheld.
The judge was critical of Mr Kalley’s suggestion she was being unreasonable when she complained about her workload.
“In fact she was experiencing significant work related stress in the advanced stages of her pregnancy, had suffered two panic attacks in short succession, felt overwhelmed, was worried about letting others down but equally concerned that she might become seriously unwell,” he said.
“Rather than genuinely wanting to support her as he professed, Mr Kalley instead wanted [Mitie] to be seen to be supportive of her in circumstances where he effectively wanted her out of the way as soon as possible so that others could step up in her place.”
Of Mr Kalley’s attitude, he added: “We find his denial of any discriminatory intent on his part, as well as his assertion that he was sympathetic to [Ms Hinds] to be unconvincing.
“In responding to the situation, he failed to engage in any meaningful way with the events or issues as described by her.
“Far from his email indicating concern on his part, it evidences frustration, even irritation, with [Ms Hinds] who he perceived as a problem, pregnant employee who was inconveniencing him.”
The judge concluded: “In our judgement [Mitie]’s cumulative treatment of [Ms Hinds] over the period following her return from maternity leave until September 2021 was of itself sufficiently serious as to be destructive of trust and confidence thereby entitling her to resign from her employment.
“We are satisfied that the failure to undertake a risk assessment, together with Mr Kalley’s inaction in October 2020 were material factors in her decision to resign.”
She will be awarded compensation at a later date.
‘Case was David vs Goliath’
Speaking afterwards, Ms Hinds, from Doncaster, South Yorkshire, said the pregnancy was a “miracle baby” after 12 years of unsuccessfully trying to have a second child.
She said: “My decision to go it alone was not just to rectify the unimaginable pain and suffering they had put me through, but also to give hope to all the other new and expectant mothers out there, to show them that you can do it without the hefty legal fees and with the right support.
“After 12 years of hard work and dedication, I left my career a broken woman, stripped of all my confidence.”
Her child Tommy, now three years old, was born in November 2020 and joined older brother Mason, 15.
Joeli Brearley, chief executive and founder of Pregnant Then Screwed, said the case was “David vs Goliath” with a new mother taking on a “powerful company with its resources and expensive lawyers”.
Ms Brearley added: “We’re elated to see Nicola get the justice she deserves. But, to be clear, she should never have been treated this way in the first place and this should be a lesson to all employers.
“We’re watching, and we’re supporting thousands of mothers just like Nicola to fight back against discrimination.”
