A female account manager has won more than £350,000 after her heartless boss criticised her for being ‘very emotional and tearful’ during pregnancy.
Nicola Hinds has won the huge compensation payout after she was portrayed as ‘hormonal’ when she raised concerns about her workload when she was in advanced stages of her pregnancy.
An employment tribunal heard the 37 year old was ‘inexcusably’ ignored by her boss and was so badly treated after she returned to work following the birth of her child she resigned and experienced ‘suicidal ideation’.
Bosses ‘stereotyped’ her with ‘dismissive and belittling’ language by suggesting she was not ‘fully in control’ of herself, an employment judge ruled.
Representing herself, Ms Hinds successfully sued FTSE 250 giant Mitie at an employment tribunal, winning claims of pregnancy discrimination and constructive dismissal.
Earlier this year the tribunal suggested Ms Hinds be awarded at least £37,000 in compensation including £20,000 for injury to feelings.
In their new, final judgement – which took into account her loss of earnings based on her £48,000 a year salary – the panel ordered Mitie to pay her more than £350,000 in damages.
Speaking today, Ms Hinds slammed Mitie for the ‘wholly despicable treatment’ she suffered and said the facilities management company was in breach of its own pledge to lead the fight against maternity discrimination.
Pregnant Then Screwed, a maternity discrimination charity that supported Ms Hinds, said companies must invest in training managers to treat pregnant women and new mothers in the workplace with ‘dignity and respect’.
At the hearing in Cambridge, it was heard Ms Hinds worked for facilities management firm Mitie – which provides services such as security – and was the firm’s regional manager for its account with Sainsbury’s supermarket.
A female manager described her in February 2020 as ‘extremely dedicated’, always striving to deliver the best possible customer service to her client and as having ‘tremendous potential’, the tribunal heard.
In April that year Ms Hinds discovered the ‘welcome’ but ‘unplanned and unexpected’ news that she was pregnant and informed bosses – with whom she was said to have had a ‘good’ relationship akin to a friendship.
In October, however, she said she was ‘really struggling’ with her workload after suffering two panic attacks in a week.
The tribunal found bosses handled the complaint ‘ineptly’.
Her male manager, Nav Kalley, did not respond to her at all, and his immediate response was captured in a ‘short, unsympathetic and insensitively’ email to a fellow colleague.
‘I was expecting this email as Nicola has become very emotional and tearful especially over the last week or so,’ he wrote.
‘I am very frustrated with this as she is certainly not overworked and we have been very supportive in helping her manage her workload.
‘Can we please have a chat as I suggest we allow her to go next week if she wants, on unpaid leave until her paid leave kicks in.
‘I know we have to deal with this very sensitively and I want to try and support Nicola as much as I can but we need to move this forward.’
He added that if Ms Hinds was to leave others would be able to ‘pick this up if required’.
The hearing was told that after returning to work after maternity leave, an interview in June 2021 to discuss her needs was ‘inadequate’ and a risk assessment was never carried out, leading to her resignation in September.
Ms Hind’s complaints of constructive dismissal and discrimination in relation to Mr Kalley’s description of her and the handling of her complaint were upheld.
Employment Judge Roger Tynan said her male boss had ‘stereotyped’ her as ‘an emotional, hormonal pregnant woman and that in the particular circumstances his description of her as emotional and tearful was dismissive and belittling’.
‘The inference was that she was not fully in control of her emotions because of the pregnancy and that she was making unreasonable demands as a result,’ he said.
EJ Tynan added: ‘Rather than genuinely wanting to support her as he professed, Mr Kalley instead wanted [Mitie] to be seen to be supportive of her in circumstances where he effectively wanted her out of the way as soon as possible so that others could step up in her place.’
Ms Hinds, from Doncaster, south Yorks, said the pregnancy was a ‘miracle baby’ after 12 years of unsuccessfully trying to have a second child.
Speaking today, Ms Hinds said Mitie have launched an appeal against the judge’s order to pay her £350,000.
She said: ‘To finally have the remedy judgement in writing after all this time, means I am one step closer to being compensated for the inexcusable and wholly despicable treatment I had to endure as a new mother in the workplace.
‘I can only hope that Mitie do the right thing from this point onwards and actively engage with their own pledge to eradicate pregnancy and maternity discrimination from the workplace.
‘In 2016 Mitie formed an alliance with seven other high profile founding members to lead the fight against workplace pregnancy and maternity discrimination that affects around 390,000 pregnant and new mothers each year.
‘Unfortunately, my case highlights the need for these companies to still do better eight years later.
‘Regrettably, Mitie so far have not been able to accept any wrongdoing and have logged an appeal against the Original Liability Judgement, which makes the 2016 pledge feel substantially insincere, not only to me but to the 23,000 women Mitie employ within their 75,000 headcount.
‘A fully inclusive employer with an ethical and moral compass, would recognise a legal judgement against them and make good on that.
‘I feel the compensation awarded may not be forthcoming but I’m prepared to cross that bridge if it comes to it.’
Joeli Brearley, CEO and Founder of Pregnant Then Screwed, said: ‘We are thrilled to hear that Nicola has been awarded a fair payout following her horrific experience with Mitie.
‘Hopefully this sends a very loud message to companies that no matter how big and how powerful you are, we are watching and we are here to support the women you treat badly to ensure they get their just deserts.
‘Instead of the massive payouts and untold reputational damage triggered by an employment tribunal, why don’t you invest in training your managers to treat pregnant women and new mums with dignity and respect?
‘If you need some help doing this, you know where we are.’
Ms Hinds’ baby, Tommy, now three years old, was born in November 2020 and joined older brother Mason, 15.