Tribunal Steps In As Pregnant Woman Reports Boss For Firing Her After Returning From Maternity Leave
"It's best to leave it until you have your routine in place."
Imagine an employee returning from maternity leave while pregnant with a second child. This is the theme surrounding the story you're about to read.
Nikita Twitchen is the employee who lost her job as she was preparing to resume her work as an office administration assistant at First Grade Projects. Shortly after beginning work at the Pontypridd-based company in October 2021, she became pregnant and left for maternity leave in June 2022.
She told an employment tribunal that she and managing director Jeremy Morgan had a "very good" working relationship and that he had been "very responsive" when she wanted to talk to him. On February 17, 2023, Twitchen attended a return-to-work meeting with her supervisor after welcoming her child and preparing to resume her job.
This meeting "started positively," according to Morgan, who also stated that he was looking forward to the mother's return to work and that they had agreed on her hours. However, Twitchen's announcement that she was pregnant again at eight weeks "came as a shock."
She disputed her employer's assertion that he congratulated her. As a result, even though she had anticipated returning to work on April 3, no one from First Grade contacted her when her maternity leave ended on March 26.
A woman returns to work from maternity leave pregnant again
Getty ImagesHe waited for Morgan to respond, then finally said, "It's best to leave it until you have your routine in place." He surprisingly "failed to respond substantively" when Twitchen questioned him on April 4 regarding her eligibility for holidays later in the year.
After following up, Morgan called Twitchen on April 18 to inform her that she was being let go due to financial issues and late payments to the company. Twitchen was unaware that a workshop manager had also been laid off earlier that year, according to the employer, who also stated that new software meant her position "would no longer exist."
Dr. Janet Lansbury, a renowned parenting expert, advises that workplace practices should reflect the understanding of family dynamics. She points out that creating a supportive environment for working parents is crucial for retention.
Implementing flexible work arrangements and providing resources for childcare can alleviate anxiety for employees navigating maternity leave and returning to work.
Dr. Lansbury suggests regular check-ins and open lines of communication as effective methods for employers to adapt to the evolving needs of their workforce, enhancing overall job satisfaction.
It's said that Morgan and the company had to pay up
The judge ruled she should be "commended" for working "in very hot conditions" until 39 weeks while employed at a launderette and a caravan park from June to October 2023. The judge also mentioned how Twitchen's family's financial security depended on her having a job.
Media Wales
Additionally, he pointed out that Morgan had stated the company was doing well during the February meeting and had made no reference to financial issues or layoffs. Twitchen never received a written statement outlining the reasons for her termination, and First Grade was criticized for failing to provide proof of any of these allegations throughout the court case.
In addition, the business had invested in cars, hired staff, and changed its name since she was fired. These disclosures, according to the judge, "cast doubt" on Morgan's assertion that the business was experiencing financial difficulties.
It was discovered that Twitchen's pregnancy was the reason she was fired
They considered Morgan's "change of attitude" after finding out about the pregnancy, his "speed of response" to messages, and his "complete lack of any coherent evidence-based alternative explanation," even though he had plenty of opportunities to provide one.
LincsLaw
Legal Insights on Employment Rights
Employment law expert David S. Schwartz emphasizes that firing an employee shortly after their return from maternity leave can violate both legal protections and ethical standards in the workplace.
According to Schwartz, many countries have laws safeguarding employees from discrimination based on pregnancy or family status. Employers should proactively ensure they understand these protections to avoid potential legal repercussions.
In addition, Schwartz recommends that businesses develop clear maternity and parental leave policies to support returning employees, fostering a more inclusive work environment.
In addition to being discriminatory and unfair, the judge decided that Ms. Twitchen's termination must have caused her "real anxiety and distress over a period of time, having been dismissed while pregnant and losing her sense of financial security with all the family responsibilities that she had." Morgan and First Grade were ordered to pay £28,706 in compensation.
In a statement, First Grade Projects told WalesOnline:
"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."And this is where we wrap things up!
Analysis & Recommendations
Situations like Nikita Twitchen's highlight the importance of understanding employee rights and fostering an inclusive workplace. Experts like Seth Godin emphasize that businesses should prioritize creating cultures that support family life alongside work commitments.
Implementing robust support systems and maintaining open communication can help mitigate conflicts and ensure that employees feel valued. By proactively addressing the needs of employees, organizations can reduce turnover and boost morale, ultimately leading to a more productive and loyal workforce.