A assistant manager at a restaurant who was fired because of her pregnancy has won almost £16,000 in compensation.
Ms McKnight worked at Fenwick Tapas in Greenock, sometimes known as F47, between November 2021 and May 2022. After discovering she was pregnant, her hours were significantly reduced, she received no confirmation of her maternity pay arrangements and was eventually dismissed.
An employment tribunal backed Ms McKnight's claims and F47 was ordered to pay her £15,956.40 in compensation. This included £9,900 in respect of injury to feelings, £5,465.12 as compensation for unfair dismissal and an additional award of four weeks' pay of £591.28.
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Prior to being employed at Fenwick from November 2021, Ms McKnight worked as a bartender at Word Up bar and nightclub in Greenock from November 2020, which is operated by the same company as Fenwick.
She worked at the venue part time while continuing her college studies. Ms McKnight was then offered a promotion to work as assistant manager at Fenwick under general manager, Jonny Carruthers. Her average weekly pay was £147.82 at this time.
The employment tribunal stated: "On moving to Fenwick the claimant's rate of pay was increased to £9.50 per hour. She asked for a minimum of 16 hours per week which was accommodated to begin with. In January to March 2022 she tended to work between 18 and 23 hours per week. She was satisfied with the arrangement.
"Mr Carruthers drew up the rota for Fenwick on a weekly basis. He would usually send a text message to each member of staff to ask them how many hours they wished to work in the following week, then draw up the rota based on that."
After discovering she was pregnant in January 2022, Ms McKnight informed Mr Carruthers and he congratulated her on the news, later sending her a WhatsApp on January 30 saying he would not be drinking the next week and said he "will kiddon I am preggers tae".
Ms McKnight's due date was September 20 and she intended to begin maternity leave after August 11.
In February 2022, she began to feel pain and sickness connected with her pregnancy and was open with her manager about this, but was largely able to work her hours.
However, Ms McKnight received "noticeably fewer shifts" by March 2022.
The tribunal reads: "On 16 April 2022 the claimant offered availability for three shifts the following week, but was not put on the rota at all."
It continues: "On 26 April 2022 he said to her it was still quiet in the restaurant and asked her to 'pop in for a catch up'.
"The claimant was offered one further shift, on either Saturday 7 or Saturday 14 May 2022 – it is not clear from Mr Carruthers' message which day it was and the claimant asked for clarification, which was not given by way of a further message at least."
Ms McKnight contacted Lynsey Penman, a member of HR, to discuss her maternity leave plans and her pay entitlements. It took four days before she was able to get in touch with her.
When she eventually reached her on May 20, Ms Penman informed Ms McKnight that she had "been P45'd" and therefore dismissed.
After contacting Mr Carruthers, he "did not deny" that she had been fired and said he would "try to speak" to Ms Penman about this, which Ms McKnight assumed meant he would try to change her mind regarding the dismissal.
He also sent her a WhatsApp message that said "no hard feelings" with no further follow ups. The next time the claimant heard from him, was in September, congratulating her on the birth of her son.
Ms McKnight heard nothing more from the company regarding her employment and was unable to contact them, leading to her remaining out of work.
The report added that Ms McKnight's relationship with Mr Carruthers was otherwise "friendly and supportive until the end" and there were no issues raised with her performance and conduct.
The tribunal read: "The unexpected decision to dismiss the claimant caused her a degree of stress at a time when she was already experiencing illness and other symptoms connected to her pregnancy. She had financial commitments in relation to her flat and car as well as everyday expenses.
"She called upon her partner and father to help her pay her bills. She felt upset and vulnerable. She felt that the way in which her dismissal was implemented was particularly underhand."
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