An employment tribunal has ruled that a former hair salon worker had been unfairly constructively dismissed after becoming pregnant, and has been awarded nearly £90,000.
Kayleigh Flanagan began working at the Envy hair salon in Thatcham, Berkshire, as a senior stylist in June 2019. After announcing she was having a baby to salon owner Amy Jury in December that year, she found that she had been “effectively demoted” to apprentice duties as of January 2020.
A month later, Flanagan realised she had been removed from the salon’s online booking system, with her clients told she was not available for hair appointments, and was denied training opportunities afforded to other staff during February and March. She stated that she had “nothing else to do but to clean the salon and make tea”, while a pregnancy risk assessment that was completed without any input with her was not discussed or followed.
Flanagan’s request to have someone with her at an impromptu meeting in the salon was refused. After her mother contacted the Hairdressers’ Federation in February in relation to the salon’s treatment of her, Flanagan was challenged by Jury.
The tribunal also found that Jury did not keep a final written warning issued to Flanagan on a disciplinary matter confidential, which enabled other members of staff to joke about it. In addition, an employee of the salon made derogatory comments to Flanagan about her and her newborn baby, while Jury shouted at Flanagan’s mother in July 2021.
Flanagan was awarded a total of £89,986, including £27,663 for past financial losses, £25,000 for injury to feelings and £5,000 in aggravated damages.
Envy was contacted for comment prior to publication.
Employment Judge L Brown said: “The complaint of unfair dismissal is well-founded. The claimant was constructively unfairly dismissed. The complaint of unfavourable treatment of a pregnant worker is well-founded and succeeds for the reasons set out in our reserved judgment.”
