26 minutes ago
2
The employment tribunal at Swansea Magistrates' Court was told in May that Morgan had joined the firm in Fforestfach, on the outskirts of Swansea, in 2020, for her £40,000-a-year sales role and that she had announced her pregnancy in July 2023.
In a written judgment issued in June 2026, the tribunal said Morgan had felt that Hawkes's demeanour had changed towards her and that she had a sense that her pregnancy was "an inconvenience".
The tribunal found that Morgan had been unable to give specific examples of why she felt this and had been "largely perceived by the claimant because of her own anxiety".
The tribunal said it heard that Morgan and Hawkes had a "strong working and personal relationship" and were the only two members of staff in the office full-time, with Morgan reporting to him.
"There was, we find, a power imbalance between them that went beyond the obvious power imbalance of employer/employee," the tribunal said, noting that Morgan had been "somewhat reliant on Hawkes and sought his approval".
Morgan had claimed that around November 2023, before she had gone on maternity leave, she offered to assist Hawkes in preparing for a presentation for a client, and that he responded "nobody wants to see a pregnant woman, Jess".
Hawkes denied making the comment while giving evidence, and pointed to the inconsistency in when Morgan said it had been made, but the tribunal decided that he had.
Morgan started her maternity leave in January 2024, and later left the firm around October that year following a meeting with Hawkes.
The tribunal said it found that both parties had agreed she would not return to work, despite Morgan's claim that she had felt she was "persuaded" to reach the agreement.
Morgan's other claims of unfair dismissal, wrongful dismissal and sex discrimination against her employer were all dismissed.
The tribunal found that Hawkes's comment about Morgan's pregnancy amounted to "unfavourable treatment", and suggested "that the way a pregnant woman looks will make her off-putting to clients to the extent that she should not be seen".
But despite the claim being well-founded, the amount of time it had taken for Morgan to bring it meant it had been "significantly out of time".
"The claim is dismissed because the tribunal lacks jurisdiction to consider it," the tribunal said.
Morgan succeeded in a claim of victimisation, after the tribunal found she was sent an "aggressive and threatening" letter in which Hawkes had reneged on an agreement for Morgan to keep a company car until Christmas 2024.
It had been sent after she asked to be paid in lieu of holiday entitlement she had accrued during her maternity leave.
Another hearing will be held to decide if any compensation will be awarded.
