In the case of Prosser v Community Gateway Association Ltd, the Employment Tribunal had to decide if a pregnant woman, engaged under a zero hours contract, was discriminated against after she was sent home for health and safety reasons and wasn’t allowed to return for several months.

What was the case about?

Ms Prosser began working for the Respondent in June 2019 as a ‘worker’ and was on a zero-hour contract. She was not obliged to carry out work, and only took on shifts when she wanted to.

On 13 March 2020, Ms Prosser informed the Respondent she was pregnant. On 17 March 2020, she attended work but was sent home by the Respondent due to their fears about pregnant women contracting Covid. She was not told how long she would be required to be off work.

The Respondent subsequently carried out risk assessments, however Ms Prosser was angry that she had not been paid for work that she should have carried out in April had she not been pregnant. The Respondent later paid her for these. They also paid for shifts she would have worked in May, June, and July when they excluded her from work. In August, Ms Prosser returned to work.

Ms Prosser brought a claim for direct pregnancy and maternity discrimination and victimisation.

The tribunal dismissed Ms Prosser’s claims, finding that she had not suffered unfavourable treatment, but the Respondent had taken positive steps to protect her, by preventing her from working in an environment where she was vulnerable, and by carrying out risk assessments.

What should employers do?

If you have employees who are pregnant, you have a duty to carry out risk assessments and prevent or remove any risks to mother and baby. If you are unable to do this, you should seek to find alternative work for the employee or see if any working conditions can be amended to ensure that the environment is safe.

You can read the full judgement of Prosser v Community Gateway Association Ltd  here.

FREE first advice

Have you ever wanted to just ask an expert employment law solicitor if they can help you, without worrying about what it may cost to contact them?

Get in touch

We’d like to talk to you to see what we can do to help, so please either call us anytime for free on 08000 614 631, email us or use the form below.

Together we can work out what your next steps might confidence, at no cost and with no obligation.


* indicates required
McCabe and Co Solicitors will use the information you provide on this form to be in touch with you and to provide updates and marketing. Please let us know all the ways you would like to hear from us:
You can change your mind at any time by clicking the unsubscribe link in the footer of any email you receive from us, or by contacting us at We will treat your information with respect. For more information about our privacy practices please visit our website. By clicking below, you agree that we may process your information in accordance with these terms.
We use Mailchimp as our marketing platform. By clicking below to subscribe, you acknowledge that your information will be transferred to Mailchimp for processing. Learn more about Mailchimp's privacy practices here.