Want to talk to an expert employment law solicitor?

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

In the case of Miss G Anderson v Spar Duntocher: 4105236/2016 the Employment Tribunal held that Ms Anderson had been dismissed from her job because of her pregnancy, and ordered Spar Duntocher to pay her over £12,000 in compensation.

The facts in Anderson v Spar Duntocher

Spar Duntocher is a grocery store operating in Duntocher. The business is owned jointly by Arshad Sadiq and Amjid Sadiq.

Ms Anderson commenced employment with Spar Duntocher on 10 April 2016 as a sales assistant. She worked shifts at the business and her general arrangement was that she would work the early shift on Saturdays and Sundays (7am to 3pm), and a late shift on a Tuesday (3pm to 10pm). She generally worked 20 hours per week, although there were some exceptions to this.

In April 2016 Ms Anderson fell pregnant but she did not discover this until 14 May 2016. She was sick on this day and did not attend work (due to this); she attended work the next day but was sent home because she looked so ill. Ms Anderson next attended work on Tuesday 17 May 2016; by this time she had discovered she was pregnant and informed Arshad Sadiq that she was pregnant.

Ms Anderson had an accident at work in mid-June 2016 and was off work until 21 June 2016. On 31 July 2016 she suffered severe pelvic pain; she was due to work that day but was advised by the Maternity Support Unit at the hospital not to attend work. She informed Mr Johal at approx 12pm that day that she would be unable to attend work due to severe pelvic and stomach pain.

Ms Anderson subsequently received a copy of the rota for the next week’s work which indicated that she was not scheduled to have a shift. She therefore telephoned the shop to ask why, and the telephone was answered by Arshad Sadiq. He asked her what had happened with her previous shift and she explained that she had suffered pelvic pain and had contacted the Maternity Assessment Unit. Ms Anderson covertly recorded this meeting as she suspected her job might be at risk.

In the meeting Mr Sadiq informed her that her absences were an inconvenience to him and that he was going to have to let Ms Anderson go, as it was probably best for her and for the shop too. He stated that it was nothing personal to her, and that she was a nice girl. He explained that he was find her absences hard, as when she was absent from work the manager became annoyed and complained to him. He stated that he feared that her absences would become more frequent and that he didn’t have a big pool of staff, so was unable to cover absences. He further stated that she shouldn’t look for work until the baby was born and that he would re-employ her once the baby is born.

On 2 August 2016 Ms Anderson texted Mr Sadiq to ask him for a letter confirming her dismissal, and on 3 August 2016 Mr Sadiq sent her a letter confirming that she had been dismissed because she was “unreliable”. She appealed her dismissal but her appeal was rejected.

Ms Anderson subsequently brought an Employment Tribunal claim for pregnancy and maternity discrimination.

The decision of the Employment Tribunal in Anderson v Spar Duntocher

The Employment Tribunal upheld Ms Anderson’s claim for pregnancy and maternity discrimination (section 18 Equality Act 2010), finding that she was dismissed because of her pregnancy and/or pregnancy-related illness.

Our guide to the law on pregnancy and maternity discrimination can be found here.

In making its findings the Tribunal had to make key findings as to credibility, as Spar Duntocher was alleging that Ms Anderson was persistently off work sick and, on her part, Ms Anderson was stating that the number of sickness-related absences were exaggerated. The Tribunal found Ms Anderson to be a more credible witness in the circumstances.

The Tribunal found that Ms Anderson had proven facts from which an inference could be drawn that she had been dismissed because of pregnancy and/or pregnancy-related illness, and found that Spar Duntocher could not show there was a reasonable alternative explanation for her dismissal. The Tribunal also found that she had not been paid in respect of holiday she had accrued but not taken to the termination date.

The Employment Tribunal awarded Ms Anderson compensation of £12,191.20, comprised of the following sums:

  • Loss of earnings: £4,991
  • Injury to feelings: £5,000
  • ACAS uplift: £1,998.20
  • Holiday pay: £202.30

Our solicitors’ view on Anderson v Spar Duntocher

Chris Hadrill, a specialist employment solicitor at Redmans, commented on the case: “The covert recording in this case, as well as Ms Anderson’s credibility, were key – if employees believe that they are being discriminated against by their employer then they should consider making recordings of any face-to-face meetings or telephone meetings so that a contemporaneous record of what happened is made. This isn’t always appropriate but can, in the right circumstances, be absolutely key.”

The judgment of the Employment Tribunal can be found here.


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.

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


4.64 Average

28 Reviews


Excellent service from initial contact to deliverables.

Posted 5 hours ago

Virginia K

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

Posted 6 hours ago


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 1 day ago

Andy W

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

Posted 3 days ago


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 3 weeks ago


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 3 weeks 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 4 months ago


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

Posted 4 months ago


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 4 months ago


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

Posted 4 months ago


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

Posted 5 months ago


Very efficient service. I never had to wIt for more than a day for a reply to any of my queries and the matter was dealt with swiftly.

Posted 5 months ago


Very timely, thorough and helpful advice. Friendly and considerate of the needs of the client

Posted 5 months ago


Very prompt and attention to detail. Thank you for the service

Posted 5 months ago


Couldn’t be happier with how Redmans successfully handled our seemingly tricky case. By being clear and detailed every step of the way, with the utmost professionalism and courtesy, they made it an informative and eye-opening process, taking the stress out of the situation and ultimately delivered what you would want from such a service. I fully appreciate everything they have done, and if I am ever in need of such services in the future, they will be the first number I contact. Excellent.

Posted 5 months ago


Excellent work delivered with great quality

Posted 5 months ago


Chris Hadrill was a great help both in terms of his advice and his expertise. He explained my options to me clearly and concisely enabling me to quickly make the right decision for me in the circumstance. I would not hesitate to recommend Chris or Redmans to friends or colleagues, and would certainly make Redmans my first port of call should I require a similar service in the future.

Posted 5 months ago


Redmans gave excellent advice and helped me understand everything in clear concepts. Thank you!

Posted 5 months ago


Resolved my issues

Posted 5 months ago


Quick fast professional service.

Posted 5 months ago


"Prompt, efficient and practical advice that resulted in me getting some additional money tax free."

Posted 5 months ago