A law firm receptionist sacked after she became pregnant has won her claim for discrimination in an employment tribunal.

The claimant, listed as Mrs K Nasreen, was effectively ignored by her boss at Malik Law Chambers after going off work with sickness and told through her husband she was ‘no longer needed’.

Employment Judge Massarella, sitting at the East London tribunal, found that Nasreen previously had a good working relationship her line manager, Dr Ali Malik.

When she became pregnant, Malik’s attitude to her and her husband became ‘hostile and uncooperative’ without explanation and he stopped paying her. The firm, an immigration specialist which was closed down by the SRA in April 2018, took none of the usual steps in relation to a pregnant employee, such as arranging a pregnancy risk assessment and asking for information about proposed maternity leave or a due date.

The judge added: ‘We are satisfied that none of these things happened because Dr Malik had no intention to continue employing the claimant. The burden of proof plainly passes to the respondents to show that there was no discrimination whatsoever. They have not discharged that burden, and the claim of direct pregnancy discrimination must succeed.’

The tribunal heard that when Nasreen texted Malik to say she was unwell and apologise, he did not reply to any of the messages.

When her husband went into the office with copies of sick notes and other medical evidence, Malik was rude to him telling him that Nasreen ‘was no longer needed’. These words were found to be unambiguous and amounted to an express dismissal, especially when Malik had ceased all communication.

A remedy hearing was set for last week, but the outcome has yet to be published.

 

POSTSCRIPT: Following a hearing on 14 February, the details of which were published a week later, Nasreen was awarded a total of around £23,000, which included £14,000 for injury to feelings, £1,500 for aggravated damages and a basic award for unfair dismissal of £657.