Asking worker if she is pregnant is sex discrimination

A tribunal has ruled that asking a female colleague if she is pregnant constitutes sex discrimination. The decision followed a claim by Lesley Coia, an employee of Event Medical Groups, who alleged that her employer, director Gareth Hughes, made discriminatory comments after she mentioned she had a “surprise” for him.

The Glasgow tribunal heard that Ms. Coia, a medic in her 20s who joined the company in July 2022, was working with Mr. Hughes at an event in Dundee in July 2023 when she told him she had a “surprise.” Mr. Hughes responded by asking if she was pregnant, a question Ms. Coia found “astonishing and embarrassing.” She later expressed disbelief to colleagues about the incident.

The tribunal also heard that Mr. Hughes made further comments, suggesting he would “give her a hand” if she wasn’t already pregnant and repeated, “the offer still stands” as she walked away. A disciplinary panel assembled by the company reviewed Ms. Coia’s complaints but ultimately dismissed them.

During the tribunal, Mr. Hughes argued that his question was prompted by “health and safety concerns,” claiming he needed to know if a risk assessment was necessary. However, Employment Judge Shona MacLean ruled that a male employee wouldn’t have been asked the same question in a similar context, calling Mr. Hughes’ comments inappropriate.

Ms. Coia’s claims of discrimination were upheld, and she was awarded £6,569.42 in compensation. Judge MacLean noted that while Mr. Hughes might have attempted humor with any employee, it was unlikely he would have asked a male colleague if he was having a child or made similar remarks.