A woman who was sacked for taking time off following a pregnancy miscarriage has been awarded more than £10,000 by an employment tribunal.
Ashley Stokes suffered the loss of her baby in August 2020 and received a dismissal letter from letting firm Glenham Property just three weeks later.
The company said that it would “not accept another sick line” and that she had failed to complete her role “due to illness”.
The tribunal found that the reason for her absence was the miscarriage.
Employment judge Jane Porter also found that bosses at Glenham Property falsified Ms Stokes’s disciplinary record in a bid to claim that she had previously received warnings over her performance when she had not.
The judge upheld the property manager’s pregnancy discrimination claim and awarded her £7000 for pain and suffering and a further £3,326 in lost wages.
In a written judgment, Judge Porter stated: “The Tribunal concluded that the fact that the claimant was absent due to having had a miscarriage was the reason for her dismissal.”
She added: “The tribunal accepted the evidence of the claimant that her dismissal from the respondents has affected her profoundly. Since her dismissal she has been anxious, unable to sleep and has suffered an acute loss of confidence.
“She gave compelling evidence that, as an already vulnerable person at the time of her dismissal, she still suffers from loss of confidence arising from the actions of the respondents in dismissing her.”
The tribunal heard that Ms Stokes began working with the Edinburgh letting firm in August 2019.
She progressed well and following an appraisal in February 2020, managing director Miles Gilham emailed her saying: “Really well done though in your initial period and looking forward to a successful 2020.”
Ms Stokes notified her manager of her pregnancy in June that year, but on August 4 she attended a routine scan and was told that the baby had no heartbeat.
Her mother told the company about her loss and she was signed off work by her GP.
On August 26, she received a letter terminating her contract.
In documents submitted to the tribunal, Glenham Property provided a sheet entitled “Records of Disciplinary Action” which appeared to show that the employee had received a verbal warning and a first warning related to performance.
The judgment states: “The claimant was adamant that such warnings did not take place. The tribunal accepted the evidence of the claimant which was emphatically given and noted that there was no contradictor to such evidence.
“Further and in any event the tribunal observed that a verbal warning administered on the 10th February 2020 would contradict the email from Miles Gilham to the claimant of that date.
“Against that background the tribunal were unanimous in their conclusion that the document entitled 'Records of Disciplinary Action' was a fabrication on the part of the respondents.”
Ms Stokes has since taken up employment with another property management firm.
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