Woman awarded £93k payout after boss fires her for morning sickness by sending jazz hands emoji
17 February 2025, 20:06
A woman has been awarded a payout of more than £93,000 after her boss fired her while she was ill from her pregnancy by sending her a text with a jazz hands emoji.
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Paula Miluska, who had been employed as a consultant with Roman Property Group since March 2022, started working from home in November that year due to morning sickness, a tribunal heard.
However, after asking her boss whether she could take a week off with the sickness persisting, he responded days later with a message which appeared to end her employment with the company.
Ammar Kabir sent a “deliberately vague" message explaining that the business was “struggling” and they needed to find someone who can “be in the office”.
He ended the text by saying: “I hope to see you soon we've got a lot of catching up to do outside of work,” before adding a jazz hands emoji.
The emoji shows a smiling face with two palms facing outwards and is said to indicate feelings of excitement and enthusiasm.
Ms Miluska took the business to an employment tribunal and has now been awarded compensation of £93,616.74 after a judge concluded she was unfairly sacked.
The panel heard evidence of a message Ms Miluska sent to her line manager Mr Kabir when she needed to leave work early because of the “increasing nausea” she was experiencing because of her pregnancy.
The expectant mother told her boss that she felt “really faint”, was “shaking”, had “cold sweats”, and felt “horrible”.
The following day, she sent him a text which said: "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.”
The employment judge said Mr Kabir then asked Ms Miluska how she was feeling on November 26.
After the consultant told her boss she felt 'horrendous', he replied the following evening asking if Ms Miluska could go to the office for a couple of days the following week “and finish like 4 so it's not too much”.
In response, Ms Miluska said: “Oh gosh I was about to message you about taking the week off.
“I was sick 6 times today and if it doesn't ease up within 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.”
Mr Kabir eventually replied on 1 December, saying: “Hey hope ur OK u probably guessed by now will 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 me personally I'm going to try and see what other opportunities are there I can get you through the door for just message me when you're feeling better.
“Romaan said he's going to clear the days you did so up until 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].”
Employment Judge Garry Smart said it's “objectively clear” that this text message is “bringing the employment relationship...to an end”.
The panel also concluded it was right to conclude that this message “amounted to a dismissal”.
In response to Mr Kabir’s message, Ms Miluska 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?'
She said it was “very out of the blue” and said she “expects” to be paid for “all the days I have worked from home including sick days with Commission included”.
Ms Miluska received no further pay from December 1 and despite Mr Kabir trying to argue that the pregnant worker was not dismissed - this was rejected by the tribunal.
The consultant was “simply bewildered as to why her colleague, and at that time a person she considered to be a friend, would treat her in that way”.
Her claims of pregnancy discrimination due because of pregnancy related illness, and unfair dismissal, were upheld and she has now been awarded compensation of £93,616.74.
