Ms Ryan v Edge View Homes Ltd: 1300429/2019
JUDGMENT
[1]The respondent’s application to strike out the claimant’s claim of pregnancy/maternity discrimination contrary to section 18 of the EQA on the basis that it has no reasonable prospect of success is refused.[2]The respondent’s application to strike out an allegation in respect of the unfair dismissal claim on the basis that it has no reasonable prospect of success is refused.[3]Written reasons have been requested by the respondent and will be produced in due course. Employment Judge Harding Dated: 4 September 2019 Case Number:1300429/2019 1 of 2 EMPLOYMENT TRIBUNALS Claimant: Ms C Ryan Respondent: Edgeview Homes Ltd Heard at: Birmingham On: 21 22 October 2019 Before: Employment Judge Connolly (sitting alone) Appearances For the claimant: In person For the respondents: Mr A Serr ([1]The claimant was unfairly dismissed. Her claim of unfair dismissal succeeds.[2]The claimant s claim of discrimination because of pregnancy or maternity leave was struck out on 3 October 2019 because the claimant did not pay the deposit ordered as a condition of being permitted to continue to advance that claim.[3]There was a 100% chance that the claimant would have been fairly dismissed by the respondent and no compensatory aw ard is payable to the claimant pursuant to s.123(1) of the Employment Rights Act 1996.[4]Further or alternatively, no award is made to the claimant to pursuant to s.122(2) and s.123(6) of the Employment Rights Act ERA 1996 to reflect culpable and blameworthy conduct on the claimant s part before she was dismissed. E mployment Judge Connolly 22 October 2019 Case Number:1300429/2019 2 of 2 Note NoteREASONS
Reasons for the judgment having been given orally at the hearing and written reasons not having been requested, written reasons will not be provided unless a written request is presented by either party within 14 days of the sending of this written record of the decision.