A pregnant woman has been awarded over £93,000 (Rs 1 crore approximately) in compensation after a UK employment tribunal ruled in her favour over wrongful dismissal. Paula Miluska, who worked as an investment consultant for Roman Property Group in Birmingham, was fired via a text message that included a ‘jazz hands’ emoji.
The tribunal found her employer, Ammar Kabir, guilty of pregnancy discrimination and unfair dismissal.
Miluska had joined the company in March 2022. She informed Kabir of her pregnancy in October and began suffering from severe morning sickness in November. Due to her condition, she requested to be allowed to work from home, citing advice from her midwife about the peak period of pregnancy-related nausea. She also mentioned that a health and safety assessment was necessary upon her return to work.
Kabir did not follow up until 26 November, when he asked how she was feeling. Miluska responded that she felt “horrendous.” The next day, Kabir asked if she could work a few days and finish early to ease the workload before he went on holiday. Miluska declined, explaining that she had been sick multiple times that day and was struggling to work even from home. She apologised for not being able to support the team during her illness.
On 1 December, Kabir sent a message stating that the company needed someone physically in the office as a lot of work was pending. He insisted that the decision was not personal and even said she would be assisted in finding other job opportunities.
The message concluded with the ‘jazz hands’ emoji and a casual suggestion to catch up outside of work. Miluska was shocked and reminded Kabir that she had been working remotely as agreed even while suffering from severe pregnancy sickness. She questioned why she was being dismissed despite doing her best under difficult circumstances.
Kabir later argued in the tribunal that the message did not constitute a formal dismissal. However, the fact remains that Miluska did not receive any salary after 1 December. Employment Judge Garry Smart ruled that the text message clearly ended her employment and it was also clear that her pregnancy was the reason behind the termination.
The tribunal upheld Miluska’s claims of unfair dismissal and pregnancy discrimination.
