Top horse trainer unlawfully made pregnant employee redundant

A former employee of the successful race horse trainer, John Gosden, was unlawfully selected for redundancy, an employment tribunal has found.

Julia Bocan, 28, took her former employer to an employment tribunal for unfair dismissal and sex discrimination on the grounds of pregnancy after she was made redundant one month after colleagues found out she was pregnant.

Miss Bocan found out she was pregnant in January 2010. In February, she told colleagues she was expecting during a hen party. The next month she was made redundant by John Gosden Racing, Mr Gosden’s company.

She told the tribunal that Mr Gosden had deliberately created a staff scoring system that would score her the lowest, therefore giving him a legitimate reason to dismiss her from her role as head lad.

Her lawyer said the system was “haphazard” and had not been subject to consultation, as is necessary in redundancy processes in order for them to be fair.

Mr Gosden said that staff scoring system was introduced after he decided that savings needed to be made. He said Miss Boscan was selected because her German horse training qualifications were held in less esteem than those gained in the UK. In addition, he said she was less experienced than the other woman who was employed in the same role.

The employment tribunal in Bury St Edmunds, Suffolk, found that Mr Gosden had unlawfully selected Miss Bocan for redundancy. Judge Martin Warren said: “It appears the selection criteria adopted were to ensure Miss Bocan would be the person who would score the least.”

However, the tribunal threw out Miss Bocan’s claims of unfair dismissal and sex discrimination.

Mr Gosden said he was “not happy” with the employment tribunal’s ruling on Miss Bocan’s redundancy, but that he was “very pleased” the sex discrimination claim was thrown out. He said he was pleased to say that after thirty years as an employer, this was his first time in an employment tribunal.

Miss Bocan is entitled to compensation from Mr Gosden, which will be set at a later date.

For legal advice on redundancy selection, unfair dismissal and sex discrimination, call Job Justice today. We can find the right local employment solicitor for your needs, whether you are an employee facing these issues, or an employer deciding policy or being taken to an employment tribunal.