A former Mitie worker who was criticized for being “very emotional and tearful” during pregnancy won an additional compensation of PS350.000.
Nicola Hinds was awarded a payout nearly five times higher than the amount suggested by the judge after hearing that she had been dismissed and belittled by her managers at the facility management company.
The tribunal decided earlier this year that she was constructively dismissed. It recommended compensation in the amount of approximately 37,000 PS, including 20,000 PS for emotional injury.
Mitie’s damages were increased to more than PS350,000 in a final and new judgment that took into account her annual salary of PS48,000.
Hinds was a regional account manager who discovered she was pregnant in April 2020. She informed her employer one month later.
Hinds claimed that the company ignored her concerns and did not follow its policies when she sent an email to express them.
She reported that she was experiencing panic attacks and disturbed sleep, and was worried about becoming ill with stress or anxiety related to her job.
She said that the organization was aware of her stress due to a difficult relationship with a client.
Hinds’ manager sent an email to HR suggesting that Hinds should discuss the possibility of taking unpaid time off before her maternity leaves with the claimant.
The email said: “I expected this email because Nicola had become very emotional and tears, especially in the last few weeks.” I am frustrated by this because she is not overworked, and we’ve been supportive in helping manage her workload…
The Employment Tribunal judge found this email stereotyped Hinds, as an “emotional pregnant woman with hormonal imbalances” and that the description of her being “emotional” and “tearful” in his email was “dismissive” and “demeaning”.
In the judgment, it was stated: “Rather then genuinely supporting the claimant, as Mr Kalley professed to do so in the circumstances in which he wanted to see the respondent as supportive of her. He wanted to get her out of the picture as quickly as possible to allow others to step in.
The respondent’s written guidance was not reflected in Mr Kalley’s proposal. It was also not legal.
Joeli Brearley is the CEO and founder Pregnant Then Screwed, a maternity discrimination organization that supported Hinds. She said: “We’re thrilled to hear Nicola was awarded a fair payment following her horrifying experience with Mitie.” This should send a loud message to all companies, no matter how large and powerful they are. We are here to help the women who are treated badly.
Personnel Today has the latest HR job openings.
Search for more Human Resources Jobs
Subscribe to our weekly HR news and guidance
Every Wednesday, receive the Personnel Today Direct newsletter.
