Pregnant cleaner called ‘pathetic’ awarded £25k in discrimination case 

A pregnant cleaner who was told by her manager she was pathetic for needing to take a five-minute break has won her discrimination case. 

Jennifer Cafferky Solicitor in our employment team, reports on this recent case.

Anna Burns began working for Whitstable-based Tralee Rest Home in March 2019. 

She took only two days absent from work and had a good relationship with her manager for the first six months of her employment. 

In October 2019, she announced she was pregnant and took four absences for morning sickness and a migraine in the following weeks. 

Burns was then invited to a ‘development meeting’ with the care home’s manager Vernau-Pope, who told her: “You have two weeks to improve or that’s it.” 

In the following weeks, Burns was accused of not vacuuming a room by senior members of staff. 

She was asked to redo the room, which involved carrying the vacuum cleaner up some stairs. 

In December, Burns made a comment in conversation about her “growing bump”. In response, Vernau-Pope told Burns that if she saw her “slowing down she had the power to force her to start maternity leave”.  

Burns was also told: “I hope to see an improvement in your sickness. If not, this may result in disciplinary action.”   

She began to need more frequent rest breaks from her work and faced hostility from her co-workers. Vernau-Pope also described her as “pathetic”. 

Burns submitted a grievance, alleging pregnancy and maternity discrimination, and said there was a culture of bullying at the care home, citing 11 separate incidents.   

She met with Mr Sohal, the director of the care home, who said all risk assessments had been completed in the correct way and had been signed by Burns herself. He also said that Vernau-Pope had acted correctly in relation to absence management.   

Burns was denied a move to another care home and went on her maternity leave. She was removed from the staff What’s App messaging group. 

In November 2020 Burns resigned from the care home and took the case to the Employment Tribunal. 

It ruled in her favour, noting that the care home staff had “formed the view that Burns was treating her pregnancy as an excuse not to pull her weight”.  

The judge added that the care home owner, Mr Sohal, had a “completely closed mind to the issue of Burns’s absences being related to her pregnancy”.  

Tralee Ltd were ordered to pay Burns £24,460 for loss of earnings and injury to feelings.  

If you would like more information about the issues raised in this article, or any aspect of employment law please contact Jennifer on 01228 516666.