Woman awarded £93,000 payout after being sacked with a ‘jazz hands’ emoji while pregnant

Ammar Kabir sacked Paula Miluska from Birmingham-based Roman Property Group Limited. A woman whose boss fired her with a text containing a “jazz hands” emoji while she was ill from her pregnancy has been compensated nearly £94,000. Paula Miluska was fired by Ammar Kabir, who sent her a "deliberately vague" message when she was ill, stating that the company was "struggling" and that it needed to find someone who could be in the office, according to a decision by the employment tribunal.

The remarks were made after the pregnant mother, who worked as an investment consultant, requested to work from home due to her morning sickness, which she described as "horrendous.". Mr Kabir texted her to inform her of her job’s termination, concluding with the words, "I hope to see you soon, We've got a lot of catching up to do outside of work," and a "jazz hands smiley”. The emoji showed a smiling face with two palms facing outwards.

Ms Miluska received £93,616.74 in compensation after a judge determined that her pregnant condition was the reason for her unjust sacking. According to the employment tribunal, Ms Miluska began working at Birmingham-based Roman Property Group Limited in March 2022. After learning she was pregnant in October 2022, the investment consultant “started to see the effects of her pregnancy in the form of morning sickness” the following month.

When Ms Miluska had to leave work early due to "increasing nausea" from her pregnancy, she wrote a message to her line manager Mr Kabir, the panel heard. The following day, she sent him a text, saying: “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. “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.”.

The tribunal judge said there were “no other text messages” between the pair until 26 November when Mr Kabir asked Ms Miluska how she was feeling. The consultant told her boss she felt “horrendous”, adding: “I don’t understand why it’s called morning sickness when it hits you all day every day.”. The next evening, Mr Kabir responded and asked Ms Miluska if she might work a few days next week "and finish [at] 4pm so it's not too much.".

According to the Birmingham tribunal, Mr Kabir's request was "nothing untoward" because he was going on holiday. In response, Ms Miluska said: “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.”.

The pregnant consultant added: “So sorry I can’t support you right now, I feel bad…”. Mr Kabir did not respond to her message until 1 December, when he said: “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.

“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].”. In response, 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?”. Employment Judge Garry Smart said it’s “objectively clear” that this text message is “bringing the employment relationship... to an end”. Ms Miluska received no further pay from 1 December, but Mr Kabir tried to argue the pregnant worker was not dismissed. His argument was rejected by the tribunal, which upheld Ms Miluska’s claims of pregnancy discrimination and unfair dismissal, and awarded her £93,616.74 in compensation.