'Jazz Hands' Text Costs Firm £94k in Pregnancy Discrimination Case

A woman whose employer dismissed her via a text message containing a "jazz hands" emoji while she was unwell due to her pregnancy has been awarded nearly £94,000 in compensation.

Paula Miluska, an investment consultant, was dismissed by Ammar Kabir, who sent her a "deliberately vague" message while she was ill, stating that the company was "struggling" and needed someone who could be physically present in the office.

The dismissal followed Ms Miluska’s request to work from home due to "horrendous" morning sickness. Mr Kabir texted her to inform her of her dismissal ending with the words: "I hope to see you soon, we've got a lot of catching up to do outside of work," accompanied by a "jazz hands" emoji, which is depicted as a smiling face with two palms facing outward.

Ms Miluska had joined Birmingham-based Roman Property Group Limited in March 2022. After discovering she was pregnant in October 2022, she "began to experience the effects of her pregnancy in the form of morning sickness" the following month.

When Ms Miluska had to leave work early due to "increasing nausea" caused by her pregnancy, she sent a message to her line manager, Mr Kabir, the panel was told.

The next day, she texted him saying: “The midwife was saying that at the moment if I can work from home it’ll be best as these next two weeks are usually the peak of pregnancy nausea due to hormones. Also, she mentioned that when I go back to work you need to do a health and safety assessment? I’m not sure what that is.”

The tribunal judge noted that there were "no other text messages" exchanged between the two until 26 November, when Mr Kabir asked Ms Miluska how she was feeling.  The consultant replied that she felt "horrendous," adding: “I don’t understand why it’s called morning sickness when it hits you all day, every day.” 

The following evening, Mr Kabir responded and asked Ms Miluska if she might be able to work a few days the next week, "and finish [at] 4pm so it’s not too much."  According to the Birmingham tribunal, Mr Kabir's request was "nothing out of the ordinary" as he was preparing to go on holiday.

Ms Miluska responded by saying: “Oh gosh, I was just about to message you about taking the week off. I was sick six times today and if it doesn’t ease up in the next few days, I’m going to have to be admitted to hospital... I don’t think I’ll even be able to work from home, never mind the office.”  She added: “So sorry I can’t support you right now, I feel bad…”

Mr Kabir did not reply until 1 December, when he said: “Hey, hope you’re OK. You’ve probably guessed by now that we’ll need to try and find someone to be in the office as we’re falling behind on work. I just want to say I hope you don’t take it personally or see us as bad, but we are really struggling.  Aside from this, personally, I’m going to try and see what other opportunities might be available to get you through the door... just message me when you’re feeling better.  Romaan said he’s going to clear the days you did up until the 21st, that will be with you today. Hope to see you soon. We’ve got a lot of catching up to do outside of work [‘jazz hands’ emoji].”

Ms Miluska’s response said: “I’m confused with what’s going on. I’ve been working remotely as agreed since I told you I was pregnant to the best I can while suffering from maternity-related sickness.  I’ve secured another allocation despite feeling worse than ever during the peak of morning sickness and now you’re firing me?”

Employment Judge Garry Smart stated that it was "objectively clear" that the text message "brought the employment relationship... to an end." Ms Miluska received no further pay from 1 December but Mr Kabir attempted to argue that she had not been dismissed.

His argument was rejected by the tribunal, which upheld Ms Miluska’s claims of pregnancy discrimination and unfair dismissal, awarding her £93,616.74 in compensation.

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