In Lewandowski v Bradford District Apprenticeship Training Academy, Lewandowski (L) was employed by the Apprenticeship Training Agency on a fixed term contract until 31 March 2016. Bradford Council funding of the Academy was to end on 31 March 2016. In January 2016, L disclosed she was pregnant to her colleagues. Bradford College proposed taking over the Agency. At a board meeting concerning the takeover in January 2016, cost reductions were discussed and L’s pregnancy was disclosed. Before and after the meeting, L was offered and agreed to a 12-month extension of her contract to 31 March 2017. In February 2016, L was called into a meeting and told that despite the offer and her acceptance of an extended contract until 31 March 2017, the position had now changed because her salary could not be afforded and her employment would terminate on 31 March 2016.
An ET upheld L’s claim for pregnancy discrimination and automatic unfair dismissal. The employer was unable to explain what changed from the certainty of an agreed 12-month extension of the contract in January 2016 to the February 2016 meeting when L was informed her contract was to end because it was alleged that her salary could not be afforded. The financial circumstances did not support that argument since L had been offered a contract extension when the funding position was clear. The reason for the change of heart was that the Board knew L was pregnant and did not want to honour the contract. L was dismissed because she was pregnant. Given the findings that it was a ‘discriminatory’ dismissal, it was also an automatically unfair dismissal. L was awarded £9,130 for loss of earnings, £15,600 for injury to feelings and £435 for ET fees.
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This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
