A beauty therapist at a luxury spa visited by Amanda Holden and Carol Vorderman has won a discrimination case after being sacked just 11 days after her female boss congratulated her on her pregnancy. After Agata Plewa told Suzanne Peck she was expecting a baby, she received an email addressed to 'dearest Agata' with the director of Homefield Grange saying she was 'thrilled' by the news.
However, an employment tribunal heard she went on to say that the celebrity retreat was facing a downturn and that while she was a 'brilliant therapist' she could not guarantee her future employment. In the same email, Mrs Peck then asked Miss Plewa to decide what was best for her and her family and assured her that they had the 'best intentions as always'.
She was then fired 'without warning' less than two weeks after making the announcement with the Northamptonshire company claiming they could not afford her, the tribunal heard. However, the panel found that while sacking Miss Plewa, they had taken on an additional beauty therapist.
The mum is now in line for compensation after the tribunal ruled that she was sacked because of her pregnancy. The Norwich tribunal heard that Miss Plewa started working at Homefield Grange Retreat in February 2017 as an aesthetic beauty therapist where she was an 'exceptionally good' employee.
The health and wellness retreat in Kettering, Northamptonshire, offers weekend 'cleanses and detox' stays which cost upwards of £700. It has been visited by numerous famous faces including Spice Girl Mel C, with the former The Saturdays band member Rochelle Humes staying for a two day residential visit.
Miss Plewa's role involved using a hydrafacial machine and a £30,000 DEKA Motus AX hair removal laser machine. She was also trained in other areas such as lymphatic massages, facial peels and aromatherapy.
However, during early 2018, a number of staff were made redundant with the spa being forced to close for a week due to a lack of business. Later that year, Mrs Peck sold the laser hair removal machine and no bookings were taken for hydrafacials after July.
The hearing was told that as the two machines were no longer needed Miss Plewa's position was in jeopardy as a major reason she was employed was to provide these treatments. On July 3, Miss Plewa told Mrs Peck she and her fiance were having a baby.
Mrs Peck did a risk assessment two days later which 'clearly' showed a number of treatments Miss Plewa could still carry out, the panel heard. Mrs Peck then sent what the tribunal found was a 'very strange email' part of which read: "Dearest Agata, firstly I would like to say I am so thrilled for you and your fiancé that you’re going to be parents.
"I know it’s something you have worked so hard at and both Hans and I are thrilled for you both. Homefield has and continues to see a downturn in business since September 2017. "In our 14 years of business we have not experienced this situation before. As a result of this we have had to let team members go...It has been a real struggle.
"It is not a situation that any business owner likes to face. You are a valued member of our team and as I mentioned today a brilliant therapist. However I cannot guarantee that this short term lay off situation will now last, or whether it will get worse before it gets better.
"There is no guarantees on your hours and most of the team are still on short term layoffs. Overall I think it is time for you to decide what is best for you and your family. I will respect of course any decision you make. Assuring you of our best intentions as always."
Then on 14 July, Miss Plewa was made redundant with one month's notice with Mrs Peck claiming it was due to the downturn in business and the fact that they could not afford to employ her or guarantee her hours. Miss Plewa later sued Homefield Grange and successfully made claims for automatic unfair dismissal and pregnancy discrimination.
Employment Judge Robin Postle concluded: "There is no suggestion that any of the other beauticians/therapists are to be made redundant, none of which were currently pregnant... Given what Mrs Peck described was severe financial difficulties Homefield Grange Retreat Limited were facing it is difficult to see how making one part time employee redundant would go anywhere in assisting [it's] financial difficulties.
"That is also set against [the company] at the same time as Miss Plewa was being made redundant taking on certainly an additional beautician/therapist."
A remedy hearing to decide Miss Plewa's payout will be held in due course.
