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CHECK OUT PEACE OF POD NOW ISSUE 971/September2025
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And speaking of seasonal changes brings me to the case of Hinds v Mitie Limited, in which everything changed once an employee got pregnant. Ms Hinds began working for Mitie Limited following a TUPE transfer in October 2018, taking up the role of regional account manager on the Sainsbury’s Logistics account. During her employment, she later took on additional responsibility, including becoming lead for the Argos account. In April 2020, during a period of annual leave, Ms Hinds discovered she was pregnant and informed her managers informally shortly after her return, followed by a formal notification in July 2020. During her pregnancy Ms Hinds raised concerns about workload and wellbeing, but her line manager dismissed these by describing her as “very emotional and tearful.” At the same time, Mitie Limited failed to carry out mandatory pregnancy risk assessments, leaving Ms Hinds without the formal support required during this period. In October 2020, she sent an email raising concerns, but Mitie Limited did not handle her complaint properly. These ongoing issues gave rise to her belief that she was being treated unfavourably because of her pregnancy and maternity status. Following her maternity leave, Ms Hinds returned to the business in early 2021 but experienced exclusion from work activities. She was left out of meetings, received criticism of her performance, and felt her contributions were undervalued. By mid-2021, the relationship of trust and confidence between Ms Hinds and her employer had broken down. She continued to face difficulties reintegrating into her role, with no resolution to her complaints or acknowledgment of the problems she had flagged. In September 2021, she resigned from her position, asserting that Mitie Limited’s conduct had left her with no choice but to do so. Ms Hinds then filed a claim for constructive dismissal due to a breach of trust and confidence and pregnancy and maternity discrimination in the Employment Tribunal. The ET found that she had been subjected to pregnancy and maternity discrimination. In particular, it held that Ms Hinds’ manager’s description of her as “very emotional and tearful” amounted to a discriminatory stereotype, and that Mitie Limited had failed in its legal duties by not conducting a pregnancy risk assessment and by mishandling her October 2020 complaint. These failures amounted to unfavourable treatment linked to her pregnancy and maternity. On the issue of dismissal, the ET concluded that Mitie Limited’s conduct breached the implied term of mutual trust and confidence. It held that the cumulative failings, including exclusion from meetings, criticism of her performance, and lack of support, gave Ms Hinds no real choice but to resign. Her resignation was therefore treated as a constructive dismissal, and because it stemmed from discriminatory treatment, it was automatically unfair. The ET awarded Ms Hinds basic unfair dismissal compensation of £6,528, calculated under the statutory formula. It did not make a separate compensatory award for unfair dismissal, as the discrimination awards already covered her financial losses. Under the discrimination claims, she received £20,000 for injury to feelings (plus interest of £7,123.29) and compensation for loss of earnings from September 2021 until April 2025, with interest at 8% on past loss. The combined effect of these awards led to total compensation reported at over £350,000. This case is important because it shows the high stakes for UK employers when pregnancy and maternity rights are not properly respected. The ET held that stereotyping a pregnant employee, failing to carry out risk assessments, and mishandling complaints were discriminatory acts that ultimately led to an automatically unfair constructive dismissal. The resulting compensation of over £350,000 demonstrates the scale of financial and reputational damage that can follow such failings. UK employers should take note of this outcome because it underlines the legal duty to support pregnant and returning employees fairly, ensure managers avoid discriminatory behaviour, and handle concerns with care. |
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PEACE OF POD
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Speaking of the end of September reminds me that we’ll only see bats flying through the twilight for another two or three weeks. By the end of October — having put in for their overtime for Hallowe’en — they’ll be heading for hibernation.So it amused me to happen upon a Facebook post which led me to a 2025 study on how bats manage to not bump into each other while they’re all swarming out of the cave for a night of snacking on moths.
We’ve long known that bats use echolocation to navigate and, far from the myth of them flying into your hair (never mine, thank you — yours) they are elegant aerial acrobats with excellent proprioception who neatly avoid obstacles, including each other.
Except, that’s not true. According to the study by scientists in Tel Aviv, sometimes bats do bash into each other. Especially when squeezing through the cave entrance in a bunch. This has endeared them to me quite a lot. After all, who hasn’t accidentally elbowed someone in the ear at one of our packed seminars?
That said I have never found myself entangled in a client’s hair.
Yet.
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