Want to talk to an expert employment law solicitor?

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

In the case of Mulla v Enigma Fashiions UK Limited & R Rajshakha ET/2601433/2016 the Employment Tribunal held that Ms Mulla had been discriminated against because of her pregnancy  and was awarded £55,963.58 as compensation.

The facts in Mulla v Enigma Fashiions UK Limited & R Rajshakha

Ms Mulla commenced employment with Enigma Fashiions UK Limited (“Enigma”) on 17 December 2009 and was both an employee and director of the company, along with Raj Rajshakha. In 2015 Ms Mulla discovered that she was pregnant but experienced a significant pregnancy-related illness, leading to her giving birth six weeks prior to the expected date of birth. Ms Mulla was required to spend two weeks in hospital as a result of the pregnancy-related illness.

Whilst Ms Mulla was in hospital her fellow director, Mr Rajshakha, sought to remove Ms Mulla as a director and employee of the company. Ms Mulla was told that the company was closing and returned early fro her maternity leave in order to determine the extent of the problems with the business; she was, however, denied access to the company’s premises three weeks after her return. Other employees of the business were also told not to speak to or contact Ms Mulla, and she was summoned to a disciplinary hearing on sham allegations.

As a result of Enigma and Mr Rajshakha’s conduct she resigned from her employment on 3 March 2016 and made claims for constructive unfair dismissal, pregnancy and maternity discrimination, and breach of contract.

The Employment Tribunal’s decision

The Employment Tribunal found that Mr Rajshakha’s conduct amounted to pregnancy and maternity discrimination as well as constructive unfair dismissal, and awarded Ms Mulla a basic award of £3,087.50, compensation for past and future loss of earnings £52,526.08, and damages for breach of contract of £4,055.  The Tribunal also found that the detriments that Ms Mulla had been subjected to fell within the ‘serious’ Vento band and awarded her compensation for injury to feelings of £10,000.

The Tribunal also awarded Ms Mulla a figure in respect of aggravated damages, as it found that a threat by the company to sue her for £300,000 in respect of company law issues (a threat which had not been followed through) constituted “high-handed, insulting and oppressive” conduct, as well as a campaign of text messages and letters (threatening disciplinary action for failing to respond to telephone calls and messages) which were sent to Ms Mulla by Enigma whilst she was recovering from giving birth.

Ms Mulla also made an application for her legal costs, which is due to be heard at a later date.

Our solicitors’ comments

Chris Hadrill, specialist employment at Redmans, commented on the case: “Employers should take care to ensure that they treat women who are pregnant or on maternity leave (or intend to take maternity leave) fairly. In this case the Tribunal found that the Claimant had been treated unfavourably because of her pregnancy and awarded her substantial compensation – this may, in part, be a Pyrrhic victory, however, as on Companies House Mulla v Enigma Fashiions UK Limited is in liquidation.”

The remedy judgment in Mulla v Enigma Fashiions UK Limited 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