My boss asked me if keeping my baby was a ‘good idea’ then I was made redundant – now I’ve won £25,000
A PREGNANT nursery worker whose bosses asked her if keeping the baby was a "good idea" has won more than £25,000 in compensation.
Darci Topping had only been in the job a week when she told her female managers she was expecting - but she was subjected to repeated "negative inferences".
They quizzed her about the baby's father and about her intention to go through with the birth.
The 23-year-old, who was on minimum wage, was then "pressured" into reducing her hours as the pandemic hit - and was then made redundant out of the blue, an employment tribunal heard.
But bosses at Stepping Stones Nursery in the Lancashire village of Hoddlesden had "dressed up" her sacking with a sham process because she was pregnant, the tribunal ruled.
Darci, who now has one-year-old son Stanley, has been awarded £25,646 after she successfully sued the nursery for pregnancy discrimination and unfair dismissal.
The tribunal in Manchester was told qualified nursery nurse Darci started at the crèche near Blackburn on February 24, 2020, on a 37-hour-a-week contract.
A week later, on March 2, Darci, from Blackburn, announced to her line manager Zara Costello that she was pregnant with her first child.
A tribunal report said: "A few days later, in the course of a discussion about her pregnancy, Ms Costello told her that Julie Mercer, the owner of the nursery, would 'come round to it', and she mentioned the fact that Miss Topping was on probation.
"Other comments were made, including questions about whether Miss Topping was, in fact, going to keep the baby and whether that would be a good idea, and reference was made to Miss Topping's partner or father of the baby at the time."
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As Covid-19 hit days later and Stepping Stones Nursery became worried about finances, Darci was told her hours needed to be cut to 20 a week and wasn't given any consultation.
She was forced to sign a "hastily" typed up document agreeing to cutting her hours - but was the only worker to have her shifts formally lowered.
Darci was "anxious" about the virus' impact on her health and whether or not she would have a job, the tribunal heard.
She was placed on sick leave initially but then on furlough along with other members of staff.
However, she was the only one to receive 80 per cent of wages for 20 hours a week, rather than 37.
Despite things being "stable" at the nursery, she was made redundant out of the blue while on furlough, leaving her "very upset".
Ms Costello even suggested she "might be better off on benefits" during the telephone call.
£25K PAYOUT
The report said: "By April 20, 2020, the numbers of children attending the nursery each day had stabilised.
"Miss Topping was by then on furlough with other employees at no cost to the nursery.
"What happened then was that Ms Costello simply rang up Miss Topping and announced her dismissal as (redundancy).
"From the evidence presented, the Tribunal considered that the nursery dressed up her dismissal by constructing a redundancy process which either never took place or took place after the nursery made its decision to dismiss her."
Darci launched legal action, claiming the nursery "had a problem with pregnant employees".
Employment Judge Marion Batten said: "The tribunal concluded that the decision to make her redundant was a decision targeted at her alone – she was pregnant and in light of the paucity of the evidence, it was apparent that was the only difference.
"There was no other credible explanation offered by the nursery.
"The Tribunal had no hesitation in concluding that her dismissal was related to her pregnancy.
"Only she was dismissed. She was the only employee who was pregnant, and in the context of her treatment by the nursery since she told them, at the beginning of March 2020, that she was pregnant."
Following the case, Darci said she is "glad to have won the tribunal".
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She added: ";It was very tough for me being made redundant at such a vulnerable point in my life while expecting my first baby which I wanted to be excited about.
"I do feel that I have got justice and I am relieved that the case is finally over."