Asking a female colleague if she is pregnant IS sex discrimination, tribunal rules

Asking a female colleague if she is pregnant is sex discrimination and may result in thousands of pounds compensation, officials have decreed.

The tribunal ruling comes after company director Gareth Hughes claimed to be joking when he asked employee Lesley Coia if she was expecting after she said she had a 'surprise' for him.

'Embarrassed' Ms Coia - who admitted she had put on weight recently - branded him a 'cheeky b******' and later sued for discrimination.

Her claims have now been upheld by an employment judge - who said a male employee would not have been asked the same question and she was subsequently awarded more than £6,000 in compensation.

The tribunal, held in Glasgow , heard Ms Coia, who is in her 20s, started working for Event Medical Groups as a medic in July 2022.

Mr Hughes was a director for the company - which provides medical professionals for private events - and worked as a logistics manager while often undertaking shifts as a paramedic.

The tribunal heard that on July 28 2023, Ms Coia was working at an event in Dundee with Mr Hughes.

The medic told him that she had a 'surprise to tell him' and in response he asked her 'if she was pregnant'.

Ms Coia remarked 'No, who wants kids?', the tribunal heard.

'[The medic] was astonished and embarrassed by [Mr Hughes'] comments,' Employment Judge Shona MacLean said, 'He had not made any comment like that to her before.'

The tribunal heard Ms Coia told colleagues that 'she could not believe' what had been said to her.

She said Mr Hughes was a 'cheeky b******' and said that 'if she had put on weight, he was not in a position to talk'.

During the shift, at around 9pm, Ms Coia spoke to Mr Hughes and told him she was planning to travel to Australia.

The male paramedic was 'already aware' that Ms Coia had recently ended a long term relationship.

The tribunal heard he commented that if she was not pregnant - he could give her 'a hand', which Ms Coia said she was 'taken aback' by.

Their conversation continued and it was heard that as the female medic walked away - Mr Hughes told her 'the offer still stands'.

'She was shocked as she took the comments to be propositions to have sex', EJ MacLean said, 'At home she cried as she felt violated that her line manager said what he did'.

The following day, Mr Hughes again asked the medic again if she was pregnant - to which Ms Coia responded 'what the f***'.

A dispute arose over Ms Coia raising concern about her 'not being paid or treated fairly' at the business.

During this exchange, the medic also addressed Mr Hughes' 'communication style' and referred to the 'incident'.

The medic said the 'offensive' remark could be 'actionable' for 'possible sexual harassment' - and resigned with immediate effect in early August.

The tribunal heard that other employees at the events company were asked to be part of a disciplinary panel against Mr Hughes over his behaviour.

One worker involved said he had known about the pregnancy remark but said it was 'not to be taken as a personal insult' and was instead said as a 'sarcastic comment'.

Another male employee had also commented to a colleague about 'not being able to have a joke' and had accused Ms Coia of complaining 'for attention', the panel heard.

Hearing of these remarks made Ms Coia feel both 'embarrassed and upset' and as if 'she would not be listened to and the matter was already decided', the tribunal was told.

The disciplinary panel rejected her complaints and she sued the company for discrimination, citing that she had been sexually harassed.

At the tribunal Mr Hughes tried to argue that he asked Ms Coia whether she was pregnant because he had a 'health and safety concern' and wanted to know whether they had to carry out a risk assessment.

The tribunal upheld Ms Coia's complaints of discrimination and awarded her £6,569.42 compensation for 'her injured feelings'.

EJ MacLean said: 'In the Tribunal's view [Mr Hughes] had a tendency to speak before thinking and considered that his comments were humorous.

'He appeared to lack awareness that his comments were at times inappropriate, particularly given his position within the organisation.

'The Tribunal considered it was more appropriate to consider how [Mr Hughes] would have treated a male medic in their twenties advising that he had a surprise.

'While the Tribunal considered that the [Mr Hughes] was likely to attempt a humorous reply, the Tribunal did not consider that he would ask [a male] comparator if he was having a child and if not offering sex to help achieve that.

'The Tribunal concluded that was less favourable treatment and the reason was that [Ms Coia] was a woman.'