Miss N Eardley v Cover and Legal Financial Planning Ltd: 1301020/2018
JUDGMENT
[1]Pursuant to Regulation 3(1)(a) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), on 1 December 2017, there was a relevant transfer of an undertaking from Cover and Legal Limited to the respondent.[2]Accordingly, pursuant to Regulation 4(1) TUPE, the claimant’s employment transferred to the respondent on that day. The claimant’s period of continuous employment commenced on 1 May 2011.[1]The claim for damages for breach of contract is dismissed upon withdrawal by the claimant.[2]The claimant was automatically unfairly dismissed. The respondent is ordered to pay compensation to the claimant in the sum of £2,930.52 (6 x £488.42) in respect of the basic award. The claimant sought no other remedy for unfair dismissal.[3]The claimant’s claim that she was discriminated against by the respondent because of her pregnancy is well-founded and succeeds. I order the respondent to pay compensation for injured feelings to the claimant in the sum of £4,300.00 (including interest). The claimant sought no other remedy for discrimination. Case Number 1301020/2018