In the case of Ms M R v ASP Ltd a Human Resources executive who was made redundant while pregnant and later received a line of laughing emojis from her boss has been awarded over £21,000 by an employment tribunal.
Ms. MR, the claimant, was among several employees suddenly laid off without notice by the company, in September 2023.
Ms MR and other employees did not receive payment for work done in August and were paid late for their work in June and July.
Ms MR had started working at the firm in February 2023. The company was managed by its majority shareholder, Dr. A Y, who referred to himself as the director-general and Kalifa, an Arabic term meaning ruler or leader, despite not being a formal director.
By July, concerns about the company’s financial health emerged when wages were paid late. When employees were not paid at the end of August, many of them reached out to Ms MR for answers.
On September 9, Dr A Y emailed Ms MR, instructing her to inform all employees that “a decision has been taken that staffs are made redundant for the next six weeks [sic],” with some employees retained and August wages to be paid after share sales were finalized.
Despite this instruction, the tribunal agreed that Ms MR was still employed. Dr A Y sent a WhatsApp message asking Ms MR to return her office key. Ms MR replied that she was still an employee and requested a meeting with the new management. Dr A Y refused, stating the management would not meet staff individually and declined to pass on her number.
When Ms MR said she would wait for the new management to contact her, Dr A Y responded with seven laughing emojis.
Believing her employment was terminated, Ms MR told the tribunal the laughing emojis left her hopeless about future contact from the company. The communications caused her significant confusion and stress, especially as she was visibly pregnant and worried about finding new employment.
The tribunal determined that Dr A Y had “scoffed” at her with the laughing emojis and found his communications ambiguous and unprofessional.
Employment Judge Lesley Murphy concluded that Ms MR’s dismissal was discriminatory due to her pregnancy. The Glasgow employment tribunal ordered the company to compensate Ms MR £21,681.99 for injury to feelings, financial losses, breach of contract, unpaid wages, and pay in lieu of untaken holiday allowance.
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