Mrs H James v Squirrels Pre-School Rugby Ltd: 1303004/2024
JUDGMENT
The complaint of unpaid holiday pay is dismissed upon withdrawal by the Claimant. Employment Judge Platt 25 July 2024 Case Number: 1303004/2024 EMPLOYMENT TRIBUNALS Claimant: Mrs H James Respondent: Squirrels Pre-School Rugby Limited Heard at: Birmingham (by CVP) On: 12, 13, 15 and 16 May 2025 Before: Employment Judge Edmonds Representation Claimant: Mr D James (husband) Respondent: Mr I Aimufua (litigation consultant) JUDGMENT[1]The complaint of (constructive) unfair dismissal is well founded. The claimant was constructively unfairly dismissed.[2]The claimant was automatically unfairly dismissed because the reason or principle reason for the dismissal was pregnancy, childbirth or maternity.[3]The complaint of pregnancy and maternity discrimination succeeds in relation to the following allegations of unfavourable treatment: from the List of Issues agreed at the Preliminary Hearing on 25 July 2024:a. 4.1.2 to 4.1.6 (relating to the meeting on 2 October 2023)b. 4.1.9 but only in relation to the comment made to the claimant about the birth of her child (and not in relation to the grievance appeal process more generally)[4]The complaint of unfavourable treatment because of something arising in consequence of disability is well-founded and succeeds.[5]The complaint of indirect disability discrimination is well-founded and succeeds in relation to the disability of dyslexia.[6]When the proceedings were begun the respondent was in breach of its duty to the claimant under section 4(1) of the Employment Rights Act 1996 to give written particulars of change to the employment particulars.[7]The complaint of indirect disability discrimination is not well-founded and does not succeed in relation to the complaint of discrimination by association in relation to the disability of autism.[8]The complaint of pregnancy and maternity discrimination is not well-founded and does not succeed in relation to the following allegations of unfavourable treatment from the List of Issues agreed at the Preliminary Hearing on 25 July 2024:a. 4.1.1 (relating to the return to work after pregnancy related absence from June 2023); andb. 4.1.7, 4.1.8 and 4.1.9 (relating to the grievance and appeal procedure), save in relation to the comment about childbirth referenced at paragraph 3 above under 4.1.9 which succeeded.[9]Remedy will be considered at a hearing on 29 and 30 September 2025 Approved by: