A mother has been awarded over £28,000 in compensation after her employer terminated her employment for becoming pregnant while on maternity leave.
Nikita Twitchen, 27, was getting ready to return to her job as an office administrator after having her first child when she learned she was expecting again. Her boss, managing director Jeremy Morgan, 49, dismissed her before her return to prevent her from taking another 36 weeks of maternity leave.
Left without a job, Twitchen took on cleaning work while pregnant to support her family. She then brought her case against First Grade Projects, a building-services firm, to an employment tribunal. A judge ruled that she had been unfairly dismissed.
Twitchen, from Porth in Rhondda, started working at the company in October 2021. She described her relationship with Morgan as “very good.” In her testimony at the Cardiff tribunal, she noted that he was “very responsive” when she needed to discuss matters with him.
In June 2022, Twitchen took maternity leave from their offices in Pontypridd, South Wales. Eight months later, she attended a return-to-work meeting with Morgan, which began on a positive note. Morgan informed her that the business was thriving and had recently secured a contract with the NHS. He expressed his eagerness for her to return.
However, during the meeting, Twitchen revealed she was eight weeks pregnant with her second child, which took Morgan by surprise.
When her maternity leave ended on March 26, she did not hear from First Grade regarding her return to work. Expecting to return on April 3, she had to follow up multiple times with Morgan for a response. Eventually, he told her it would be best to wait until she had her routine established.
She tried reaching out three times without success. Later in April, Morgan called to inform her that she was being made redundant due to financial difficulties and delays in payments to the company. He later claimed that new software was being installed, which rendered her position unnecessary.
Employment Judge Robin Havard praised Twitchen for her resilience, noting she worked at a launderette and cleaned caravans from June to October 2023. The judge pointed out that she worked in very hot conditions and traveled 45 minutes each way, working until she was 39 weeks pregnant. He acknowledged that she needed to work for her family’s financial stability.
The judge highlighted that Morgan did not initially mention financial troubles or redundancy. He criticized First Grade for failing to provide any evidence of the claimed financial difficulties or new software during the court proceedings. Notably, Twitchen never received a written explanation for her dismissal.
Judge Havard concluded that Twitchen was fired due to her pregnancy, noting Morgan’s “change of attitude” after she disclosed her condition. The judge observed a significant shift in his responsiveness to her messages and a lack of any credible explanation for her dismissal, despite numerous opportunities to provide one.
Ultimately, the judge deemed Twitchen’s dismissal unfair and discriminatory, causing her considerable anxiety and distress due to the loss of financial security and the added pressures of family responsibilities.
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