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Cleaner at Tralee Rest Home in Whitstable threatened with dismissal for being pregnant

11:54, 06 July 2022

updated: 11:59, 06 July 2022

A care home cleaner who was booted out of a staff WhatsApp group and threatened with dismissal for being pregnant has won a £24,000 payout.

Anna Burns was awarded the money after being unfairly treated by bosses at the Tralee Rest Home in Tankerton, near Whitstable, for more than two months.

Tralee Rest Home in Tankerton Road, Whitstable
Tralee Rest Home in Tankerton Road, Whitstable

The staff member brought the case to an employment tribunal earlier this year after being told pregnancy is “not in itself an illness” and would not stop her from being sacked.

She claims she was even branded “pathetic” by manager Karina Vernau-Pope for wanting to have a tea break four months from her due date.

Judge Corinna Ferguson said: “We have found a number of acts of discrimination, by four different senior members of staff at Tralee.

“It included Ms Burns’ manager making disparaging comments about her pregnancy and threatening her with disciplinary action and dismissal.

“Some of the comments were made in front of other staff.

“The discrimination had a significant impact on her, in that she was off sick with stress for around six weeks.

“She says she suffered anxiety, severe stress, insomnia and at times felt depressed.”

Ms Burns is said to have had a good relationship with colleagues at the Tankerton Road site before informing them of her pregnancy in October 2019.

But after taking four days off with morning sickness and a migraine, she says Ms Vernau-Pope told her in a meeting with another cleaner: “You have two weeks to improve or that’s it.”

Ms Vernau-Pope is also accused of shouting at Ms Burns – but the manager denies the allegations, insisting both members of staff “were spoken to professionally”.

She also notes the meeting “had been prompted by complaints from staff, residents and relatives about poor cleanliness of the home”.

The cleaner was handed a letter by Ms Vernau-Pope on New Year’s Eve – having taken three more days off in December – stating she may be subject to “disciplinary action” if her ill-health continued.

Ms Ferguson noted the manager did “not appear to have been interested in establishing whether” the latest absences were pregnancy-related.

“On December 31, 2019, the claimant was called into a meeting with Ms Vernau-Pope and was handed the letter,” the judge continued.

“The claimant says she told Ms Vernau-Pope the absences were pregnancy-related, but Ms Vernau-Pope said pregnancy is ‘not in itself an illness’ and being pregnant does not stop her from ‘getting rid’ of the claimant.

“We’re satisfied Ms Vernau-Pope gave the claimant the letter and made the comments because of the claimant’s pregnancy-related illness, and in part because of the pregnancy itself.”

Ms Burns says her manager also made “a comment in front of other staff that if she saw me slowing down in the 11 weeks before my baby was due, she had the power to force me to start my maternity leave”.

Senior carers Lorraine Standen and Victoria Styles prevented Ms Burns from having a break the following day because she had already taken five minutes to have a drink when she “was feeling light-headed”.

The expectant mum was entitled to regular short breaks due to her pregnancy. Afterwards, she spoke to Ms Vernau-Pope – who was off at the time – over the phone and was told to go home early.

“Ms Vernau-Pope used the word pathetic,” Ms Ferguson added.

“Her account is she said the situation was pathetic, but Ms Burns says Ms Vernau-Pope called her pathetic.

“We do consider it was unjustified to use the word pathetic, whether directed at the claimant or the situation.

“The most likely explanation for Ms Standen’s and Ms Styles’ conduct is they had formed the view the claimant was treating her pregnancy as an excuse not to pull her weight.”

In the wake of the New Year's Day disagreement, Ms Burns had spells off work with stress.

It was during these that Ms Vernau-Pope removed her from the staff WhatsApp group.

Ms Ferguson branded the manager’s reasons for doing so “contradictory and illogical”, as she concluded Ms Burns’ pregnancy was "a significant reason for the decision”.

The cleaner resigned in November 2020, saying she “had decided not to return after her maternity leave due to the circumstances surrounding the pending tribunal”.

Ms Ferguson ordered Tralee to pay £24,460 in total - £17,550 of it in compensation for "injury to feelings" - following the tribunal in January.

A spokesman for Tralee Rest Home said: "This incident happened with our previous manager.

"Since then Tralee has a new manager in place. We have paid fully, with apology, what was awarded by the tribunal and have put checks in place to ensure this doesn't happen again."

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