A pregnant woman who was fired via text message from her boss, who ended the message with a “jazz hands” emoji, has been awarded nearly £94,000 in compensation.
Paula Miluska, an investment consultant, was dismissed by Ammar Kabir after she had requested to work from home due to severe morning sickness. Kabir sent her a vague text saying the company was struggling and needed someone to be in the office.
Miluska, who began working for Birmingham-based Roman Property Group in March 2022, discovered she was pregnant in October 2022. She began experiencing morning sickness the following month, which worsened as her pregnancy progressed. When her nausea became unbearable, she communicated with her manager about needing to work from home.
On 25 November 2022, Miluska informed Kabir that her midwife recommended working from home due to the peak of her pregnancy-related nausea. She also mentioned that a health and safety assessment might be necessary when she returned to the office.
The following day, Kabir responded asking if Miluska could work part-time. However, Miluska told him she had been very ill and might need to go to the hospital. She apologized for being unable to help him with work.
On 1 December, Kabir sent her a text saying he would need to find someone else to work in the office as the company was falling behind. He ended the message with the words, “I hope to see you soon, We’ve got a lot of catching up to do outside of work,” followed by a “jazz hands” emoji.
Miluska was confused by the message and responded, saying she had been working remotely as agreed despite her sickness. She asked why she was being fired if she had been fulfilling her duties.
An employment tribunal ruled that the text message was a clear indication of her dismissal. Judge Garry Smart concluded that the firing was linked to her pregnancy and determined it to be unfair and discriminatory.
Miluska was awarded £93,616.74 in compensation for pregnancy discrimination and unfair dismissal.
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