November 18, 2010
A former care home worker who was dismissed from her job has won her case for discrimination.
Geraldine Furbear claimed she was dismissed from her job at a Heddmara Limited Care Home during her probationary period because she was pregnant.
Ms Furbear was offered the position of care assistant in 2009. She was responsible for helping adults with learning difficulties and informed the home’s manager of her pregnancy when she was offered the job.
Because of her condition Ms Furbear was unable to carry out the full range of duties required by someone in such a position, such as heavy lifting, which caused some resentment among other staff members.
She was refused permission to attend antenatal appointments and forbidden from using the lift in the building. Ms Furbear claimed she was also pressurised into working weekends against her doctor’s advice.
She was dismissed nine weeks into her 12-week probationary period.
The tribunal accepted Ms Furbear’s evidence, finding that Heddmara Limited had dismissed her for reasons clearly related to her pregnancy. They accepted that some measures were put in place to accommodate her situation, but that not enough was done.
The Employment Tribunal awarded Ms Furbear £20,000 in respect of the discrimination suffered at the hands of her former employers.
John Wadham, Group Director Legal at the Equality and Human Rights Commission, said:
“The Commission’s research has shown that pregnant women are amongst the most discriminated group of people in the workforce, with 30,000 losing their jobs each year as a result of their pregnancy.
"Employers who make small and reasonable adjustments to accommodate the needs of their pregnant employees can continue to reap the benefits of their hard work and dedication. This judgment should serve as a reminder of what is expected of all employers, particularly those in this growing and female-dominated sector.”
If you have suffered a similar fate legal advice and representation is available from our friendly and experienced solicitors.
