Annie Walton Doyle
A boss fired an employee upon her return from maternity leave because she was pregnant with another child.
Nikita Twitchen, who worked as an office administration assistant at First Grade Projects, lost her job just as she was preparing to return from her initial maternity leave.
Twitchen had joined the Pontypridd-based company in October 2021 and soon became pregnant, starting her maternity leave in June 2022.
At an employment tribunal reported by Fortune, Twitchen recounted her ‘very good’ working relationship with managing director Jeremy Morgan, describing him as ‘very responsive’ whenever she needed to discuss work matters.
After giving birth and preparing to rejoin the workforce, Twitchen met with Morgan on February 17, 2023, for a return-to-work meeting.
Initially, the conversation was positive, with Morgan expressing enthusiasm for her return and discussing her work schedule.
However, tensions surfaced when Twitchen disclosed she was pregnant again, now eight weeks along.
Morgan claimed he congratulated her, but Twitchen disagreed.
When her maternity leave officially ended on March 26, First Grade did not contact her about resuming work as scheduled on April 3.
After following up, Morgan finally replied, suggesting: “It’s best to leave it until you have your routine in place.”
Twitchen later inquired about holiday entitlement for the year, but Morgan reportedly ‘failed to respond substantively.’
When she pressed for clarification, Morgan called her on April 18, informing her she was being made redundant due to financial challenges and delayed payments affecting the business.
Morgan also cited that her role was obsolete due to new software, mentioning that a workshop manager had also been laid off earlier, a claim Twitchen had not heard of.
To support her family, Twitchen then took up work in a launderette and a caravan park, continuing until 39 weeks into her pregnancy.
The tribunal judge commended her efforts, acknowledging that she worked ‘in very hot conditions’ to provide financial stability for her family.
The tribunal also noted that Morgan had not mentioned any financial struggles during their February meeting; in fact, he had remarked on the company’s good performance.
First Grade failed to produce documentation supporting its claims of financial hardship or restructuring, and Twitchen was never given a written explanation for her dismissal.
Since her dismissal, First Grade had rebranded, made new hires, and invested in vehicles—actions that, according to the judge, ‘cast doubt’ on Morgan’s claims of financial strain.
The tribunal ruled that Twitchen’s dismissal was a result of her pregnancy.
The judge took into account Morgan’s ‘change of attitude’ upon learning of the pregnancy, his reduced response rate to her messages, and the lack of a ‘coherent, evidence-based alternative explanation’ for the redundancy.
The judge concluded that Twitchen’s termination was unfair and discriminatory, likely causing ‘real anxiety and distress… when pregnant and losing her sense of financial security with all the family responsibilities that she had.’
First Grade Projects and Jeremy Morgan were ordered to pay Twitchen $35,000 in compensation.
In a statement to WalesOnline, First Grade Projects expressed disappointment with the tribunal’s decision and stated, “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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