delmonte_mundonEAT1980
The company had dismissed the employee for continued absence caused by gastroenteritis. On the following day they discovered that she was pregnant. Nevertheless they did not change the decision.
Held: This could not constitute a dismissal for pregnancy.
Slynn J said: ‘The section of the Act relied upon for the purposes of this claim, it seems to us, makes quite clear that there is to be a finding of unfair dismissal, without more, if either the reason or the principal reason for the dismissal is that the woman is pregnant or is for some other reason connected with her pregnancy. It must be shown in this case that the dismissal was because of the pregnancy or for another reason connected with the pregnancy. If this section is relied on, it seems to us essential that it be shown that the employers knew or believed that the woman was pregnant or that they were dismissing her for a reason connected with her pregnancy. If they do not know of the pregnancy, or do not believe that the pregnancy exists, it does not seem to us that it is possible for the employers to have as their reason for dismissal that the woman was pregnant. In a case where it is said that the reason for the dismissal is another reason connected with her pregnancy, not the pregnancy itself, it seems to us that the employers have to know the facts alleged by the employee as grounding the reason and also to know or believe that those facts relied upon are connected with the woman’s pregnancy.
In summary it must be shown that the employers have either the knowledge of, or a belief in, the pregnancy, or knowledge of the facts, and their connection with the pregnancy, if there is some other reason than the pregnancy, which is the reason for the dismissal.’
Slynn J
[1980] IRLR 224, [1980] ICR 694
Employment, Discrimination
Leading Case
Updated: 01 November 2021; Ref: scu.510136
