06 March 2023 , 14:17
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A restaurant manager who was sacked and sent a text from her boss saying "no hard feelings" after she told him she was pregnant, has been awarded more than £15,000 at a tribunal.
Anna McKnight was offered fewer shifts by general manager Jonny Carruthers at a tapas restaurant in Greenock after starting to suffer sickness during her pregnancy.
The 28 year old mother-to-be said she was "surprised and upset" when she found out from HR that she had been sacked and then she received the WhatsApp message from Mr Carruthers saying "no hard feelings".
Now, Ms McKnight has successfully sued the restaurant for pregnancy discrimination and unfair dismissal at an employment tribunal.
Ms McKnight, whose son Goldie is now five months old, has won £15,365 and said afterwards it was about the "principle" and not the money.
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Anna McKnight worked at Fenwick 47 tapas restaurant (google)The tribunal in Glasgow heard Ms McKnight began working at Fenwick 47 tapas restaurant as assistant manager in December 2021.
She found out she was pregnant with her second child, in mid-January 2022 and general manager at the restaurant, Mr Carruthers, congratulated her.
She was due to go on maternity leave in August of 2022 but a tribunal report said before that she was gradually cut out of the rota.
It stated: "In February 2022 she experienced pain and sickness connected with her pregnancy. She was open with Mr Carruthers about this but was largely able to work her usual number of hours. The symptoms were not constant.
"From the end of March 2022 Mr Carruthers offered Ms McKnight noticeably fewer shifts than before. She was still experiencing occasional sickness at this point. On April 16, 2022, she offered availability for three shifts the following week, but was not put on the rota at all. Mr Carruthers said it had been a quiet week."
When she was only offered one further shift in May 2022, Ms McKnight sought answers from bosses at WBI Ltd, that runs the restaurant, but couldn't get hold of HR for four days.
When she did, she was told by HR's Lynsey Penman "she had been 'P45'd' in a way which suggested any conversation about maternity rights had been superseded".
Mr Carruthers sent her a message saying "no hard feelings" and didn't message her again until September 2022 to congratulate her on the birth of her son.
Employment Judge Brian Campbell concluded Ms McKnight was discriminated against.
Judge Campbell said: "There were no other apparent factors in her relationship with Mr Carruthers, which was friendly and supportive until the end, or any issues with her performance or conduct which suggested another reason for her being dismissed in the way that she was.
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"The unexpected decision to dismiss her caused her a degree of stress at a time when she was already experiencing illness and other symptoms connected to her pregnancy. She had financial commitments in relation to her flat and car as well as everyday expenses.
"She called upon her partner and father to help her pay her bills. She felt upset and vulnerable. She felt that the way in which her dismissal was implemented was particularly underhand.
"There was no evidence of any other reason for her dismissal. She was given no indication that she was being dismissed, much less a reason, until she began contacting her employer to discuss her maternity leave and pay arrangements."
The claims were won against WBI Ltd, that did not attend the tribunal.
Ms McKnight said afterwards: "I'm just glad it's over. In all honesty, it was never about the money, it was the principle of it. To treat someone like that under normal circumstances, never mind during a pregnancy, is just disgusting.
"Companies need to realise they can't and won't get away with treating women this way. They tried to take advantage of me whilst I was vulnerable but I wasn't letting anyone get away with treating me so badly.
"I hope it helps someone in the future; the whole stigma around woman having to go off of work due to pregnancy needs to be stamped out and companies need to understand they must support and accommodate woman in this position."