Payout for mum made redundant for coming back from maternity depart pregnant once more

A mum was given a £28k payout after a judge ruled she was made redundant because of her pregnancy.

Nikita Twitchen was gearing up to return from maternity leave when building services firm, First Grade Projects decided to give her the boot because she was expecting another baby.

The Pontypridd-based company took on Ms Twitchen in October 2021 as an office administration assistant. She said her working relationship with the 49-year-old managing director Jeremy Morgan was “very good.”

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They got along well and he was “very responsive” when she needed to chat with him, she revealed to an employment tribunal. Shortly after landing the job, Ms Twitchen fell pregnant, kicking off her maternity leave in June 2022.

The following year, on February 17, she had a return-to-work meeting with Mr Morgan. The tribunal was told that the meeting “started positively” with Mr Morgan stating that the business was thriving and had recently landed a contract with the NHS.

He expressed his excitement for Ms Twitchen’s return and they agreed on the hours she would work upon her comeback, reports Wales Online.

However, towards the end of the meeting, Ms Twitchen announced she was expecting again. The tribunal heard that this revelation “came as a shock” to her boss, who later insisted he had congratulated Ms Twitchen, a claim she refuted.

When her maternity leave ended on March 26, no one from First Grade reached out to confirm her return to work. She had planned to return on April 3 but found herself having to chase 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 unusual, 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 she was being made redundant due to financial difficulties and payment delays to the business. He later alleged new software was being installed, rendering her role obsolete.

He also claimed a workshop manager had been made redundant earlier that year, news that was completely new to Ms Twitchen.

Ms Twitchen was eight weeks pregnant at the time of her return-to-work meeting. Employment Judge Robin Havard praised her for working from June to October 2023 in a launderette and a caravan park, enduring “in very hot conditions, travelling 45 minutes each way, up until she was 39 weeks pregnant” and travelling 45 minutes each way until she was 39 weeks pregnant.

The judge noted that Ms Twitchen needed employment for her family’s financial stability. He also pointed out that Mr Morgan had not mentioned any financial difficulties or redundancies during their February meeting, stating instead that the business was thriving.

Even in an April phone call, he did not mention any new software. The judge criticised First Grade for failing to provide any evidence of alleged financial difficulties or new software during the court case.

Ms Twitchen never received a written statement explaining the reasons for her dismissal. She noticed that since her dismissal, the company had rebranded, hired new staff, and invested in vehicles.

These developments cast doubt on Mr Morgan’s claims of financial difficulty, according to the judge. WalesOnline has seen Companies House records showing that First Grade had retained earnings of £125,586 in 2023 and £61,231 in 2022.

Judge Havard ruled that Ms Twitchen was dismissed due to her pregnancy. The judge considered Mr Morgan’s “change of attitude” after learning about the pregnancy, his altered “speed of response” to messages, and the “complete lack of any coherent evidence-based alternative explanation”, despite having plenty of opportunities to provide one.

Judge Havard concluded that Ms Twitchen’s dismissal was unfair, discriminatory, and must have 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”. The judge ordered First Grade and Mr Morgan to pay compensation totalling £28,706.

First Grade Projects – registered at Companies House as Genu Prima Limited – had a workforce of 14 people, the tribunal heard. The company, which sponsors the back-of-shorts for Swansea City, told WalesOnline in a statement: “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.”

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