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

4.78 Average

143 Reviews

Liz P

An excellent professional service was provided by Chris Hadrill and Mel Chin. Efficient and trustworthy - would highly recommend this company.

Posted 1 week ago

Anonymous

Redmans Solicitors were great. They were able to advice me quickly and efficiently! I would recommend them, as a good solicitors to use.

Posted 1 week ago

Anonymous

Extremely efficient. Mel made a difficult situation bearable and gave good clear guidance thoughout.

Posted 2 weeks ago

Anonymous

Thanks Chris and Sacha I was reassured throughout the process and a happy outcome

Posted 2 weeks ago

Edward F

Good and clear employment advice

Posted 2 weeks ago

Richard O

Chris at Redmans is my go-to legal expert when it comes to employee-related matters. His depth of knowledge, experience and considered approach to problems and their solutions is highly valuable. I cannot recommend Redmans highly enough.

Posted 3 weeks ago

Rory Y

They provide me with timely and clear advice!

Posted 4 weeks ago

Steven C

Redmans handled my settlement with my employer quickly, decisively and to a standard that I was very happy with. I would in similar circumstances contract them again

Posted 4 weeks ago

Deepthi K

Transparent. Clear communication. Prompt reply’s. Saves lot of time. Very satisfied.

Posted 4 weeks ago

Anonymous

Chris and Sacha did a fantastic job and negotiated a significant better settlement agreement

Posted 4 weeks ago

Dino D

I did get a very swift and god service from Redmans

Posted 4 weeks ago

Stephanie H

Clear, prompt, effective support from Chris which has been very much appreciated. Thank you again.

Posted 1 month ago

Anonymous

I would highly recommend Redmans Solicitors, the team were very friendly and my case was dealt with professionally and efficiently. Thank you!

Posted 2 months ago

Shane M

Very professional, welcome advice at a crucial time. Always available and reasonable cost.

Posted 2 months ago

Anonymous

My case was relatively straight-forward. But even so, working with Redmans was easy, quick, professional & clear. Many thanks

Posted 2 months ago

Anonymous

The team were very helpful and answered all my questions regarding my redundancy. Initially I had a call with one of the representatives who escalated my request to a suitable employment solicitor. We arranged a call to discuss the settlement and she helped answer all my questions. We then mainly contacted through email which helped resolve the settlement quickly and convently. Thanks for all the help.

Posted 2 months ago

Djaouida T

You have good communication.

Posted 2 months ago

Anonymous

Fast and professional. A highly recommended company for employment related issues.

Posted 2 months ago

Anonymous

Very professional service.

Posted 2 months ago

Brittany

I was very grateful for Redmans to treat my case with respect and discretion. At the time, I was very new to London and it was meaningful to have someone on my side and win the case for me. Without any doubt, I would definitely recommend Redmans Solicitors to anyone who is in need of it.

Posted 10 months ago

Jake L

Chris is very professional and calm. Very attentive and patient, been a positive experience having Chris represent me, and would recommend him.

Posted 11 months ago