A tribunal has ruled that describing an expectant mother as "emotional" at work constitutes discrimination. The use of such language by employers risks perpetuating stereotypes about pregnant employees and implies they lack control over their emotions, according to an employment judge.
The ruling was made in the case of Nicola Hinds, a 37-year-old account manager, who faced dismissal after her manager referred to her as "emotional and tearful" and portrayed her as "hormonal" when she raised concerns about her workload. Hinds, who represented herself against her employer, FTSE 250 giant Mitie, successfully claimed pregnancy discrimination and constructive dismissal.
Employment judge Roger Tynan emphasized that Hinds's male boss had stereotyped her as "an emotional, hormonal pregnant woman," implying she was not fully in control of her emotions due to pregnancy. The tribunal, held in Cambridge, heard that Hinds worked for Mitie as a regional manager for its account with Sainsbury's supermarket. Despite her previous positive performance reviews, when she became pregnant in April 2020, her experience at work took a negative turn. In October of the same year, Hinds expressed struggles with her workload after experiencing panic attacks.
The tribunal found that the handling of Hinds's complaints by her bosses was inadequate. Her manager, Nav Kalley, failed to address her concerns personally and responded with a short, unsympathetic email to a colleague, dismissing Hinds as "emotional and tearful."
Ultimately, the tribunal ruled in favor of Hinds, who will receive compensation at a later date. The case highlights the importance of fair treatment and avoidance of discriminatory language towards pregnant employees in the workplace.
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