Mrs F Bonell v Swift Personnel Ltd: 1300085/2019
JUDGMENT
The claimant’s complaint of accrued but unpaid holiday pay against the respondent is dismissed, following a withdrawal of that complaint by the claimant. The remaining complaints will proceed to hearing on 23, 24 and 25 March 2020. __________________________ Employment Judge Flood Dated: 22 May 2019 Case Number 1300085/2019 V 1 EMPLOYMENT TRIBUNALS Claimant: Mrs F Bonell Respondent: Swift Personnel Limited Heard at: Birmingham Employment Tribunal by cvp On: 11, 12 January, 11 and 12 February 2021 Before: Employment Judge Cookson sitting Mrs Astill and Mr Murray Representation Claimant: Mr Ferguson (lay representative) Respondent: Mr Livesy (attended on the first day only) JUDGMENT It is the unanimous decision of this Employment Tribunal that:[1]The claimant was unlawful discriminated against because of her pregnancy contrary to s 18(2) Equality Act 2010;[2]The claimant was unfairly dismissed contrary to s99 ERA because a reason for her dismissal was that she was pregnant;[3]The respondent breached the claimant’s contract of employment when it failed to pay her for 3 days’ notice;[4]The respondent failed to follow the relevant provisions of the ACAS Code of Practice and the claimant is awarded an uplift of 10% on her compensatory and discrimination awards;[5]The claimant is entitled to be paid the following compensation for her unlawful discrimination as follows:a. In respect of lost earnings £4,647.88, uplifted by 10% to £5,112.67;b. As compensation for injury feelings £15,000, uplifted by 10% to £16,500;c. Damages for breach of breach of contract £194.79. Case Number 1300085/2019 V 2d. Interest on the awards for discrimination: i. Compensatory award (402 days) £450.48 ii. Injury to feelings (805 days) £2,911.23 Total interest payable is £3,361.71.[6]The sums set out above are payable to the claimant by no later than 1 March 2021.