In the case of Miss Siobhan Black v Pat Drain Barbers Siobhan Black is a qualified hairdresser and barber with a number of years’ experience. She began working for Pat Drain Barbers in October 2019 until she was dismissed in May 2021.
The business is owned and managed by Ms Drain. Ms Drain is not a barber and does not work in the premises day to day. The business had belonged to her father. Although the business historically was not very profitable, she wanted to continue it in memory of her late father and to keep employment for the employees, one of whom, the manageress Sharell, worked there for many years.
In 2020, Ms Black became pregnant with her first child. Ms Drain contacted her and at that point tried to terminate her employment. She reminded Ms Drain about her employment protections and she dropped the proposal.
Ms Black left on maternity leave. She had a son on 12 July 2020. She returned in early April 2021. The COVID-19 pandemic adversely impacted on the business. However, just prior to the pandemic, in about February or March 2020, the business was quiet and becoming unprofitable and Mrs Drain decided to reduce staff hours. An agreed reduction of hours took place in the week leading up to the lockdown on 23 March 2020. Ms Black agreed to reduced hours. She did so because she was aware the business was struggling. She was told that all the employees had agreed to be flexible over their hours and reduce them.
She was furloughed from 23 March 2020 to 11 July 2020 while on maternity leave. Siobhan Black was still on maternity leave following the birth of her first child when she informed Evelyn Drain, she was expecting for a second time.
The pair agreed that she would still return to work later that week, an employment tribunal heard. But at the end of her first day back she was told by Ms Drain that she was being laid off.
The salon’s owner claimed she was making her redundant for business reasons. But the tribunal found Miss Black was being discriminated against for being pregnant and awarded her compensation of £7,500 for discrimination on the grounds of pregnancy and injury to feelings.
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