Pregnant worker’s job advertised before she was sacked
An Employment Tribunal has awarded a new mother £17,500 after her employer advertised her job and sacked her while she was pregnant. Former sales executive, Sintija Gaikniece, was told by her employers at VPZ than she was being let go because there had been complaints about her attitude from customers, but they had no evidence.
Sintija later discovered that a job ad had been placed for her replacement before she had been sacked.
Speaking to the Daily Record, Sintija said:
“I was so shocked. I was six months pregnant with a child on the way. I don’t think they wanted someone gone for so long on maternity leave and to have to pay me while I was off. So, I think they came up with a reason to fire me and they had a job advert ready to replace me.”
An Employment Tribunal agreed with her claim.
Sintija discovered she was pregnant around two weeks after she started working for VPZ in January 2022. She was told her maternity leave would be discussed, but this never happened and when she was around six months’ pregnant she was unexpectedly sacked.
Sintija recalled:
“At the end of June I had a probationary meeting with my boss, who said he had had complaints about my customer attitude. He didn’t tell me what it was, just that I hadn’t passed my probation and that I could leave now if I wanted. That was that.”
Sintija lodged an Employment Tribunal claim.
Sintija made a subject access request to VPZ for a copy of her personal information, including a probationary handbook that contained feedback from her managers. She claims the handbook would prove she had not been complained about; the company did not hand it over.
VPZ did not file a formal response to Sintija’s claims.
Given the company's lack of engagement in the process, and the proof of the job advert, employment judge Sally Cowen ordered the firm to pay Sintija £17,583.06, including £4,000 of lost earnings, £300 of notice pay and thousands in compensation.
Sintija added:
“I think they just thought I would drop it. They don’t know how to look after their staff and it felt like a weight was lifted off my shoulders after the ruling. I just wish they would have accepted that they got it wrong and said sorry. It has given me such bad anxiety because I was worrying about how I was going to raise my child.”
A spokesperson for VPZ told the Daily Record:
“VPZ is the UK’s leading vaping retailer employing over 450 people throughout the country. As one of the country’s fastest growing companies, we have developed an inclusive culture that enables all of our people to develop and thrive. We are committed to equal opportunities and have a leading paternity and maternity policy that is providing benefits and flexibility to staff across our growing retail network. We respect and will follow the judgment of the Tribunal. However, we are appealing the decision and due to ongoing legal proceedings we cannot comment any further on the case.”
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