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ISSUE 971/September2025

 

Are you
AntiSeptish?

For some, this is the month that stings

Mitie’s mighty maternity mistake

A really big one

Come fly
with me

NO, with me — not INTO me!

 
 

Wake me up…

 
 

…when September ends

Notably the title and lyrics of a hit Green Day song, but with just five days left, are you actually thinking this

September is a bit of a Marmite month it turns out — but where do you land on the lovehateometer of the turning of the season?

Me? Why, since you ask, I am loving the late September sunshine and I embrace autumn with its changing colours, soups, sweaters and comfy cosies… I also love the run in to (KLAXXON KLAXXON TRIGGER WARNING TRIGGER WARNING) Christmas.

But before you decide whether you’re Septender or Septic, let me list some of the pros and cons:

Cons

  1. Summer is over. Noooooooooo.
  2. Wasps are getting drunk on fermented fruit and stinging like there’s no tomorrow (they all die off in the autumn so they have point)
  3. School is back
  4. Seasonal Affective Disorder drops the mood of about 2 million of us (accord to the NHS)
  5. You’re going to have to put the heating on and the bills will go up
  6. More spiders in the house
  7. There are outside spiders, too, stringing their webs right across your path so you get silk stuck to your face and a panicked chunky arachnid abseiling down your chest and if that doesn’t make you scream and do the getitoffffmeeeee dance, what’s wrong with you?

Pros

  1. Chestnuts, blackberries, apples, mushrooms… FREE food is out there for the taking!
  2. Cooler nights; swap your sweaty duvet-flinging for contented wrapped-up slumber
  3. School is back
  4. The autumnal colour palette of turning leaves and ripe berries is spectacular
  5. Cosy casseroles and crumbles by the fireside
  6. Fewer flies in the houseIt’s Beyonce’s birthday month. And if that doesn’t make you scream and do 20 seconds of her weird flamingo-step dance out of sheer joy, what’s wrong with you?

So — are you pro-September or anti? Let us know over on the Facebook page.

 
 
 
 


Wednesday
Wonder

Have you read our latest Wednesday Wonder? This week Terri wonders...

I wonder how the Fair Work Agency will impact HR professionals?

A key part of the Employment Rights Bill is the proposed Fair Work Agency (FWA) – a single enforcement body set to replace today’s patchwork of regulators. For HR teams and employers, this could be more than a technical change. Read this article to see how the FWA could redefine the future of employment law regulation.

 
 

350,000 reasons to look after mum

 
 

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.

 
 
 

EVENTS SEASON

2025

 

Our 2025 events season is just around the corner and we have some EXCITING new changes coming. Click here to sign up now.

Oct 17
Mental Health Masterclass

Dec 3
Peace of Mind Members Exclusive Mock Tribunal
 

 
 
 

Make Work Pay Programme

Get ahead of the Employment Rights Bill with our Make Work Pay Programme - a fixed-price, expert-led solution that guides you step-by-step to stay compliant, cut risks, and future-proof your business.

Spaces for Cohort Two Available Now!

Find out more:
Click Here
 

 

PEACE OF POD
SEASON 3

 

Out every other Friday, join Sarah and her guests to talk all things business, employment law and everything in between...

Click here to listen along to our latest episode. Or search Peace of Pod wherever you get your podcasts.

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Batty bumping

 
 
 


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.

 
 

Peace of Mind Team

 
 
 
Sarah Whitemore

Sarah Whitemore
Senior Partner
023 8071 7462

 
Aimee Monks

Aimee Monks
Associate Chartered Legal Executive
023 8071 7435

 
Catriona Ralls

Catriona Ralls
Associate Solicitor
023 8212 8644

 
Cath Dixon

Cath Dixon
HR Consultant
023 8071 7447

Sheila Williams

Sheila Williams
Solicitor and Document Audit Supervisor
023 8071 7486

Sheila Williams

Emily Box
Trainee Solicitor
emilybox@warnergoodman.co.uk

 
 

Employment Litigation Team

 
 
Howard Robson

Howard Robson
Partner
023 8071 7718

Deborah Foundling
Associate Solicitor
023 8071 7415

Louise Bodeker

Louise Bodeker 
Solicitor
023 8071 7452

 
Grace Kabasele

Grace Kabasele
Solicitor
023 8071 7448

 
 

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DISCLAIMER

While every effort is made to ensure that the contents of these newsletters are up-to-date and accurate, no warranty is given to that effect and Warner Goodman does not assume responsibility for their accuracy and correctness. The newsletters are provided free of charge and for information purposes only. Readers are warned that the newsletters are no substitute for legal advice given after consideration of all material facts and circumstances by an experienced employment lawyer. Therefore, reliance should not be placed upon the legal points explained in these diaries or the commentary upon them.
 

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