Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

In the case of Ms H O’Brien v Circles Montessori Day Nurseries Ltd: 3300306/2017 the Employment Tribunal held that the claimant had been discriminated against because of her pregnancy, awarding her almost £9,000 in compensation.

The facts in Ms H O’Brien v Circles Montessori Day Nurseries Ltd

Ms O’Brien (“the Claimant”), worked as an assistant manager at Montessori Day Nurseries Ltd (“the Respondent”). In August 2016 the Claimant informed the Respondent that she was pregnant, and asserted that after this she was made to feel unwelcome should she decide to return to work or even continue working. The Claimant also gave evidence that the Respondent had, after she had notified it of the fact of her pregnancy, recruited an assistant manager on a permanent basis without the Claimant’s knowledge or input; this was the same position that the Claimant held and she was not told that this person was being recruited as maternity cover. She therefore assumed that she was being replaced, a feeling that was supported by the fact that she was not given the opportunity to attend staff meetings in November 2016 and felt isolated form her colleagues.

In an email dated 6 December 2016 Ms Lucas, the owner of the Respondent, wrote an email to the Claimant alleging that the Claimant had been pregnant when she commenced employment. This was, in effect, inferring that the Claimant had deceived Ms Lucas when she has commenced employment.

The Claimant subsequently brought claims for pregnancy and maternity discrimination, as well as unlawful deduction from wages, against the Respondent.

The decision of the Employment Tribunal

The Employment Tribunal upheld the Claimant’s claim for pregnancy and maternity discrimination and unlawful deduction from wages (the Respondent previously having failed to submit a defence to the claim, with default judgment therefore being made in the Claimant’s favour).

The Employment Tribunal awarded the Claimant £8,960 in order to compensate her for the injury to her feelings (comprised of £8,000 in respect of the award for injury to feelings and £960 in respect of interest on that sum).

Our solicitors’ view on Ms H O’Brien v Circles Montessori Day Nurseries Ltd

Chris Hadrill, partner in the employment department at Redmans, commented on the case: “Employers must take care to treat employees fairly, regardless of any protected characteristic that an employee may have – a failure to act in a fair and equitable manner could, as in this case, result in a potential claim for discrimination being made (with substantial compensation potentially being awarded).”

The judgment of the Employment Tribunal in Ms H O’Brien v Circles Montessori Day Nurseries Ltd can be found here.

About

Redmans Employment Team deal with employment matters for both employers and employees, including drafting employment contracts and policies, advising employers and employees on compromise agreements, handling day-to-day HR issues, advising on restructures, and handling Employment Tribunal cases for both employers and employees Call 020 3397 3603 to speak to one of the members of our employment team or email us on enquiries@redmans.co.uk. Redmans have offices in Richmond, Chiswick, Hammersmith, Fulham, Kingston, Wimbledon, Ealing, Kings Cross and Marylebone (meetings strictly by appointment only).

Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

Share →

Our awards

Request a callback

Your name

Your email

Your telephone number

Contact us

Please feel free to discuss your own position and concerns. Contact your nearest office on:

T: 020 3397 3603
E: enquiries@redmans.co.uk
W: www.redmans.co.uk

Testimonials

4.62 Average

39 Reviews

Katelyn

The solicitor communicated well with me and made sure I understood everything. He did everything needed for my settlement agreement and tried to get the wording changed in my favour too.

Posted 3 days ago

Anonymous

Redmans provided excellent services

Posted 3 days ago

Sibel U

Excellent service

Posted 3 days ago

Peter S

I was very happy with the level of advise I received from Caroline Lewis, and a very professional service fron Chris, The advice given really helped me and I was comfortable to sign the settlement agreement following my redundancy. I would be more than happy to recommend your services to others.

Posted 3 days ago

Derek S

I very much appreciated the help provided by Redmans in the settlement agreement agreed with my former employer.

Posted 4 days ago

Waseem M

It was the first ime I used Redmans Solicitors and to be honest, thety were amazing. Rana Tandon and Chris Hadrill were out of this world. They made the process as simply and smooth as can be. Thank you so much for all your support over the last week.

Posted 2 weeks ago

Anonymous

Worked very quickly considering right deadlines - and gave great advice

Posted 2 weeks ago

Anonymous

Redmans provided me with excellent advice at a very stressful time. The calm, confident and extremely professional manner in which my solicitor handled my case made the issue much easier to deal with and I was very impressed with the level of service I received.

Posted 2 weeks ago

Anonymous

Immediate response to my initial enquiry. Very clear throughout the whole process and thorough and great communication which worked really well during quite a stressful time. Chris Hadrill was extremely helpful and made me feel at ease.

Posted 3 months ago

Nick D

I received a very professional service from Chris. The advice given really helped to leave me comfortable to sign the settlement agreement following my redundancy. Would be happy to recommend your services to others.

Posted 3 months ago

Anonymous

Excellent service from initial contact to deliverables.

Posted 4 months ago

Virginia K

Yes, Chris Hadrill answered all my questions and I feel more confident with my current situation

Posted 4 months ago

Anonymous

Chris Hadrill was referred to me my a friend of mine. I found the service to be efficient, quick and like Chris's direct approach to my work. Well done and thank you Chris!

Posted 4 months ago

Andy W

Very prompt & structured service that helped put my mind at rest at a difficult time

Posted 4 months ago

Anonymous

I have found Redmans to be very helpful, diligant and thoroughly professional when dealing with them, plus they gone that extra mile for me !

Posted 4 months ago

Anonymous

Thank you to Chris Hadrill at Redmans for his assistance in settling my case. I contacted him at the very last minute and he was happy to help me and managed to get everything done on time and in a very professional manner. I will definitely be happy to work with him again .

Posted 4 months ago

Redman's provided excellent legal employment advice for me during a difficult time in my employment. Chris was my lawyer, super efficient, quick, reliable and clearly very experienced in the matter. Could not ask for a better law firm to deal with your query if you are in need of some help. Would definitely use them again in the future. Highly recommending Chris.

Posted 8 months ago

Steven

Chris Hadrill was very professional and responsive. I would highly recommend him

Posted 8 months ago

Dinah

Very Efficient, with very quick email reply’s. I had a matter that needed resolving within a very short space of time and Redmans Solicitors were great with dealing with my matter quickly.

Posted 8 months ago

Ankar

At Redmans the solicitor that was dealing with me was Chris. He dealt with my situation smoothly with clear guidance and explanation

Posted 8 months ago

Anonymous

Clear, concise advice and guidance delivered by an experienced and very capable solicitor, within the timelines required

Posted 9 months ago