‘Hope to see you soon’: Fired by boss over vague text message, woman gets ₹1 crore payout
A woman who was fired by her boss with a text message containing the “jazz hands” emoji has received over £93,000 ( ₹1 crore approximately) as compensation.
A woman who was fired by her boss with a text message containing the “jazz hands” emoji has received over £93,000 ( ₹1 crore approximately) as compensation from a UK employment tribunal. Ammar Kabir of Birmingham, UK, fired his employee Paula Miluska while she was pregnant and working from home due to morning sickness, reported The Independent.
The message
Kabir sent Miluska a “deliberately vague” message when she was out sick during her pregnancy. In the message, sent on December 1, 2022, he told Miluska that the firm was “struggling” to finish pending work in her absence. However, he added that he hoped to see her soon.
“I hope to see you soon, We've got a lot of catching up to do outside of work,” read a part of the message, which also included the “jazz hands” emoji.
The context
Miluska had joined Roman Property Group Limited in March 2022. She got to know about her pregnancy in October the same year and began to experience morning sickness the following month.
Miluska, who worked as an investment consultant, requested to work from home due to her “horrendous” morning sickness. When she had to leave work because of "increasing nausea" from her pregnancy, she wrote a message to her line manager, Ammar Kabir.
“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,” she said over a text message the following day. “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.”
There was no other contact between Kabir and Miluska until November 26. On November 26, Kabir texted her to ask how she was feeling.
Miluska replied saying she felt “horrendous.”
On November 27, Kabir again texted Miluska to ask if she could work for a few days next week and finish by 4 pm “so it's not too much.”
According to the Birmingham tribunal, there was “nothing untoward” about this request as Kabir was going on holiday. However, Miluska responded saying she was sick and unable to work, even from home.
“Oh gosh I was about to message you about taking the week off. I was sick six 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,” she replied.
She also apologised for her absence, writing: “So sorry I can’t support you right now, I feel bad…”
The firing
Kabir did not respond to her message until December 1, when he informed her she was being let go in a vaguely-worded text message.
“Hey hope ur OK u [sic] 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,” he wrote.
“Aside from this, me personally, I’m going to try and see what other opportunities are there I can get you through the door… 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].”
Miluska was taken aback by the message, as was clear by her response.
“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,” she replied. “I’ve secured another allocation despite feeling worse than ever during the peak of morning sickness and now you’re firing me?”
The judgement
Kabir tried to argue in the employment tribunal that the message did not mean that the pregnant employee was dismissed. However, Miluska received no salary from December 1.
Employment Judge Garry Smart said it was “objectively clear” from his text message that he was “bringing the employment relationship... to an end”.
The judge also determined that her pregnancy was the reason behind her termination. The tribunal upheld Miluska’s claims of pregnancy discrimination and unfair dismissal, and awarded her £93,616.74 in compensation.