Pregnant chef wins £18k payout after boss made her lift heavy pans

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A female chef has won an £18,000 payout after suffering from pregnancy discrimination at work.

Emma Delpinto worked at award-winning Farmhouse Kitchen Huntleys, when she fell pregnant last year, after suffering from a miscarriage the year before.

But although she had informed her male boss, Martin Yates she was pregnant, he made her carry on lifting heavy pans and told her he would not pay for her to take maternity leave. He also fired her after she had to take time off sick, an employment tribunal heard.

Pregnant chef

During Ms Delpinto’s pregnancy, she had to leave work and go to A&E several times in fear of losing her baby and asked to take some time off after becoming unwell.

But Mr Yates was ‘unhappy’ and would beg her to go into work. When she refused, he fired her and said she had ‘left us in the s**t again.’

Ms. Delpinto has now successfully sued Farmhouse Kitchen Huntleys, in the village of Salmesbury, near Preston, Lancashire, for pregnancy discrimination and unfair dismissal. She has been awarded £18,479 in damages.

At the Liverpool-based tribunal, the hearing was told Ms. Delpinto joined the restaurant in December 2019.

“In 2022 Emma had a miscarriage and was very distressed,” the tribunal heard. “In 2023 she became pregnant again and was very worried about losing the baby.”

The hearing was told she informed Mr. Yates she was expecting in February:

“She asked for a risk assessment to be done and one was done early on in her pregnancy but when she asked for a second assessment, specifically in relation to heavy lifting, Martin ignored her requests.

‘She had to lift hot heavy pans, for example of soup, and she called for help but none was given.”

The tribunal heard she started to suffer from bleeding, and was very worried this might mean a miscarriage. She went to A&E several times during work to be checked, but Martin was not happy about this.

“He told her she could not have time off unless she found cover herself. She was told she could not have paid time off for ante-natal appointments and had to take annual leave instead,” the tribunal heard.

Concerns were also raised when Emma wanted to know that she would be paid maternity leave. Mr. Yates said he would not pay for her maternity leave and said that she would have to take the matter up with the government.

The tribunal heard that on June 29 he was not feeling well and messaged Mr. Yates to ask for ‘a few days off’. He told her she would have to find cover and when she said she couldn’t, simply replied ‘fine’.

“His short reply was hurtful to Emma because she knew he was not happy about it and was not supportive of her,” the tribunal heard.

The next day he messaged to ask if she could come in.

“She said she could not and that he had agreed she could have a few days off,” the hearing was told. “He replied ‘I’m going to have to let you go.”

The tribunal heard that being fired left Ms. Delpinto in a ‘desperate’ financial situation ‘not able to pay her bills, not able to buy food, pregnant and facing eviction’.

Ms. Delpinto gave birth to baby Archie in November 2023, and since then the hearing was told she has used charities to obtain items she needed for her son and continues to struggle to pay bills and feed herself.

The tribunal heard Ms. Delpinto has autism, an eating disorder, anxiety and depression and has been referred for assessment for other psychological conditions.

Employment Judge Jane Aspinall ruled she had been unfairly dismissed and unfairly treated because of her pregnancy.

“The reason for her dismissal was because she had requested time off for pregnancy-related reasons.”

“I find that Martin treated Emma unfavourably because of her pregnancy when he (i) refused to do a second Risk Assessment, (ii) required her to carry on lifting hot heavy pans, (iii) refused to pay her for attending ante-natal appointments, (iv) required her to take annual leave for ante-natal appointments and (v) refused to pay maternity pay and told her to take it up with HMRC.”

What is workplace discrimination?

Discrimination in the workplace is when you are being treated unfairly at work because of who you are. This could include your gender, sexuality or religion and it could be from any employee including managers and colleagues.

However, laws are in place to protect employees from discrimination at work under the Equality Act 2010. If you believe you have been discriminated against due to one of the protected characteristics you may be entitled to make a claim.

According to ACAS, the definition of workplace discrimination is when you have been subjected to less favourable treatment at work directly because of a protected characteristic.

Protected characteristics

The Equality Act 2010 prohibits employers from discriminating against employees because of the following protected characteristics.

If an employee or employer is proven to have discriminated against you because of one of the characteristics there can be serious consequences.

Age
Disability
Gender reassignment
Marriage and civil partnerships
Pregnancy and maternity
Race
Religion or belief
Sex

What is unfair dismissal?

Unfair dismissal is when your employer has dismissed you from your job role without good reason or by failing to follow the company’s disciplinary policy.

An example of this could be that you have been dismissed after your employer found out you joined a trade union, or you requested time off work for maternity leave.

As an employee, laws are in place to protect you from being dismissed unfairly at work, especially if you have been employed with the company for more than two years.

Your dismissal may be unfair if you have been dismissed due to one of the following:

Asked for flexible working
Refused to give up your working time rights – for example, to take rest breaks
Resigned and gave the correct notice period
Joined a trade union
Took part in legal industrial action that lasted 12 weeks or less
Needed time off for jury service
Applied for maternity, paternity and adoption leave
Were on any maternity, paternity and adoption leave you’re entitled to
Tried to enforce your right to receive Working Tax Credits
Exposed wrongdoing in the workplace (whistleblowing)
Were forced to retire (known as ‘compulsory retirement’)

How to make a claim

If you feel you have suffered from discrimination, or been unfairly dismissed at work, you may be entitled to claim against your employer. Contact Oakwood Solicitors team of employment lawyers today for assistance in making a claim.