Firm refuses to pay damages over unfair dismissal for being pregnant

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Friday, December 11, 2009
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This is SouthWales

A MUM who was unfairly dismissed from her job for being pregnant is furious with her former employers for failing to pay her damages.

Elise Pullen was awarded £9,958.40 at an employment tribunal after losing her job at Mortgage Solutions Swansea (MSS).

But her former bosses say now they work for a "different" company called Mortgage Solutions Cardiff — and will not be paying her penny.

Miss Pullen said: "I can't believe that in the 21st Century someone can lose their job for being pregnant. It is disgraceful."

Miss Pullen's case was heard by an employment tribunal in January this year.

It heard that she started working for Uplands-based firm MSS in early January 2008.

"I really enjoyed the job at first," said Miss Pullen. "It was going fine and I seemed to fit in well."

But a month later on February 13, more than a month after starting work, she discovered she was two weeks pregnant.

"I decided to tell someone in the office in confidence about it, because I was being asked to do some heavy lifting," added Miss Pullen. "Word got out though, and that's when things started to change."

Less than three months after being given the job, she was told she was no longer needed.

Miss Pullen later decided to take MSS to an employment tribunal.

The hearing, which bosses of MSS decided not to attend, was told that Miss Pullen had been dismissed via a text message, which said MSS "could sack (Miss Pullen) for whatever," they wanted to.

It was also alleged the firm made it difficult for Miss Pullen to "attend medical check ups and appointments for her pregnancy".

Judge Harper said he was satisfied the mum-of-one had been unfairly dismissed.

In a statement, he said: "The principal reason for her dismissal was her pregnancy. As soon as she (Miss Pullen) told them (MSS) she was pregnant, they fabricated a reason to get rid of her . . . they fabricated a situation of redundancy.

"It was a disgraceful dismissal." Miss Pullen was awarded £3,206.80 for unfair dismissal and £5,000 for being sexually discriminated against.

A further £1,751.60 was granted for holiday pay, notice pay and other costs.

"The company has chosen to adopt an entirely cavalier attitude in relation to this employee," Judge Harper ruled.

But Chris Green, who was one of the directors at MSS, but now works for Mortgage Solutions Cardiff, claimed it was his firm which had been hard done by.

"We disagree completely with the Judge's decision," he said. "Miss Pullen's employment was terminated because she was made redundant. We had no work for her as a result of the dramatic downturn in mortgage business. Had her predecessor not left of her own accord, she indeed herself would have been laid off by June (2008) at the latest.

He added: "Mortgage Solutions Swansea and Mortgage Solutions Cardiff Ltd are two totally different entities.

"No payment will be made to Miss Pullen by the new company."

A check by the Post showed the two companies shared the same phone numbers, email and web address.

But 27-year-old Miss Pullen, who lives with her young son Ieuan and his father Nathaniel Jarvis in Birchgrove, said she will not be giving up her fight.

"I am really annoyed by the way I have been treated," added the mum-of-one.

"I was made to feel like a pariah all the way through my pregnancy. I have contacted a bailiff and will take things further if necessary.

"In the meantime, I hope me speaking up about this gives other women who have suffered the same the confidence to speak out."

ben.wright@swwmedia.co.uk

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