A boss terminated an employee upon her return from maternity leave because she was expecting another child.
Nikita Twitchen, an office administration assistant at First Grade Projects, lost her job just as she was about to return from her first maternity leave.
Twitchen had joined the Pontypridd-based company in October 2021 and soon became pregnant, beginning her maternity leave in June 2022.
At an employment tribunal reported by Fortune, Twitchen described her ‘very good’ working relationship with managing director Jeremy Morgan, noting that he was ‘very responsive’ whenever she needed to discuss work matters.
After giving birth and preparing to return to work, Twitchen had a meeting with Morgan on February 17, 2023, to discuss her rejoining the company.
Initially, the conversation was positive, with Morgan expressing enthusiasm for her return and discussing her work schedule.
However, tensions arose when Twitchen revealed she was pregnant again, now eight weeks along.
Morgan claimed he congratulated her, but Twitchen disagreed, stating that he did not offer any congratulations.
When her maternity leave officially ended on March 26, First Grade did not reach out to Twitchen 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 asked about her holiday entitlement for the year, but Morgan reportedly “failed to respond substantively.”
When she pressed for clarification, Morgan called her on April 18 to inform her that she was being made redundant due to financial challenges and delayed payments affecting the business.
He also claimed that her role had become obsolete due to new software and mentioned that a workshop manager had been laid off earlier, a statement Twitchen had not previously heard.
To support her family, Twitchen took up work at 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 any documentation supporting its claims of financial hardship or restructuring, and Twitchen was never provided with 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 both unfair and discriminatory, likely causing her ‘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, stating, “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.”
