In the case of Khimicheva v Key Promotions, Ms Yuliia Khimicheva was employed as a magazine finisher for a company that packs books and magazines. She was on a probationary period when she fell pregnant. She had weekly performance reviews with the training and induction manager, Mrs Edwards. Due to pregnancy sickness she took significant amounts of time off work.
When informing her manager of this, Khimicheva was allegedly told that her boss was “too busy” to handle organising her maternity leave. A few weeks later Ms. Khimicheva received a letter from her manager informing her that she was being dismissed by the company.
Despite the manager stating she was unaware that Ms. Khimicheva was pregnant before dismissing her, Judge Street stated that her manager did have prior knowledge of her condition. This, the judge stated, would point to Ms. Khimicheva’s pregnancy indeed being a factor in the decision to fire her.
Judge Street further branded the letter as “inadequate” as well as “discourteous”, failing to address Ms. Khimicheva by her full name.
It found that the claimant was entitled to a statement of reasons for dismissal but said that the reasons given were “mentioned only briefly” and in the “most general terms”.
Ms. Khimicheva is expected to receive a pay-out of £14,820 in compensation.
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.
