For many women, announcing a pregnancy at work can trigger an unsettling shift in workplace dynamics. Instead of receiving the support they deserve, pregnant employees often face unfair treatment and assumptions about their capabilities and commitment. The case of Nicola Hinds is a stark reminder of how pregnancy discrimination can affect both the individual and the organisation. This case highlights not only the serious impact of such treatment but also the legal consequences employers can face for failing to protect pregnant employees.
Nicola Hinds, from Doncaster, England, was a dedicated regional account manager. However, after announcing her pregnancy in April 2020, she noticed a distinct shift in attitude at your workplace. Instead of receiving the support one might expect during such a pivotal time, Hinds was met with dismissive and insensitive treatment. For instance, when she returned to work, she felt that her colleagues’ treatment made her feel “like a huge inconvenience.”
In October 2020, overwhelmed by her workload and struggling with panic attacks, Hinds reached out to her manager for support. Unfortunately, instead of receiving a compassionate response, her manager described her as “emotional and tearful” to a colleague, further compounding the unfair treatment. This constant workplace distress ultimately forced her to resign. Hinds is commonly known as constructive dismissal, where an employee feels compelled to leave due to their employer’s behaviour.
Hinds brought her case to the Employment Tribunal. The tribunal found the behaviour meted out to her to be “dismissive and belittling,” reflecting harmful stereotypes that still exist about pregnant women in the workplace. The tribunal also noted that the company had failed to conduct a risk assessment during Hinds’ pregnancy, neglecting their duty of care.
In February 2024, Judge Roger Tynan ruled that Hinds was unfairly dismissed by her company and had been discriminated against. The judge noted: “In our judgment, the company’s cumulative treatment of Ms Hinds over the period following her return from maternity leave until September 2021 was of itself sufficiently serious as to be destructive of trust and confidence thereby entitling her to resign from her employment.
Unfortunately, Hinds’ situation is quite common across the world. Overall, 77% of mothers reported having a negative or potentially discriminatory experience during pregnancy, while on maternity leave, or upon returning to work in the UK. In 50% of economies in the Middle East and North Africa and in South Asia, 44% of economies in East Asia and the Pacific, 21% in Sub-Saharan Africa, and 9% of economies in Latin America and the Caribbean job-related protections for pregnant workers are still lacking.
Taking steps to root out pregnancy discrimination not only protects companies from legal risks but also promotes employee loyalty, well-being, and a positive workplace culture.
It is important for employers to create a supportive environment for employees going into parenthood.
What can organisations do to prevent pregnancy discrimination?
- Establish clear pregnancy and maternity policies: Develop comprehensive policies that specifically address pregnancy, maternity leave, and the rights of pregnant employees. These policies should be easily accessible to all staff members and regularly reviewed to ensure they align with current legislation.
- Provide training for managers and staff: Training managers and staff on the legal protections afforded to pregnant employees under equality and discrimination laws. This training should focus on preventing stereotypes, recognising unconscious biases, and understanding how to provide appropriate support.
- Offer reasonable adjustments and support: Encourage open communication and provide the necessary support without fear of judgment or retaliation.
- Culture of empathy: Beyond compliance, fostering a workplace culture that values inclusivity and empathy is essential. Employees should feel comfortable discussing their needs and challenges without fear of judgment or retaliation.
- Conduct risk assessments: It is essential to carry out a risk assessment for pregnant employees as required by law. This should include identifying any workplace hazards that could affect the health and safety of the employee or their unborn child.
The Nicola Hinds case serves as a pivotal example of the challenges faced by pregnant employees and the urgent need for workplaces to address and prevent discrimination. By learning from such cases, organisations can work towards creating environments that uphold respect and belonging. At Serein, we believe in creating workplaces where every employee feels valued, respected, and supported, especially during pivotal moments like pregnancy. To know more, write to us at hello@serein.in.