Case Law: Pregnancy gossip could amount to harassment

The case of Nixon v Ross Coates Solicitors and another (UKEAT/0108/10) has confirmed that gossip relating to a pregnancy can amount to harassment and discrimination. Ms Nixon was seen kissing a colleague at the work Christmas party and going into a hotel room with him. When she announced her pregnancy a few weeks later, the HR manager openly speculated and engaged in gossip about who the father might be.

Ms Nixon raised a grievance about the gossip and conduct of the HR manager, but it was not upheld and the time she took off work as a result of the issue was unpaid.

Ms Nixon subsequently won a claim for constructive dismissal and sex discrimination.

The Employment Appeal Tribunal held that since the gossip, conduct and unpaid time off work was related to her pregnancy it was covered by the Sex Discrimination Act and met the definition of Sexual Harassment.