C Coveney v Dometic UK Ltd: 1402354/2020 and 1405128/2020
JUDGMENT
[1]The claimant was discriminated on grounds of pregnancy or maternity contrary to section 18 Equality Act 2010.[2]The claimant was subject to detriment contrary to section 47C ERA 1996. (pregnancy, maternity or childbirth).[3]The claimant was victimised contrary to section 27 Equality Act 2010.[4]The claimant was unfairly constructively dismissed on 20 July 2020.[5]The claimants claim that she was subject to detriment contrary to section 47E ERA 1996 (flexible work request) is dismissed.[6]The claimants claim that she was Automatically unfairly dismissed contrary to section 104C ERA 1996 is dismissed (flexible work).[7]The claimants claim that she was Automatically unfairly dismissed contrary to section 99 is dismissed. (leave for family reasons – pregnancy, maternity, childbirth)[8]The claimant was wrongfully dismissed and is entitled to be paid notice pay. Remedy[9]The respondent will pay the claimant the sum of £60,310.84 calculated as follows: Basic award (Gross) £3150.00 Annual bonus (net) £2500.00 Injury to feeling award £20,000.00 Interest at 8% in injury to £707.75 feeling award Pre termination losses £2500.00 (Net) Loss of earnings at 70% of £5844.00 weekly net wage of £363 for period July 2020 – end December 2020 Loss of earnings from 1 £12,342.00 January 2021- 26 August 2021 @ £363 net per week Future loss of earnings for £5808.00 16 weeks from date of hearing ( net) Compensation for loss of £1500.00 chance of promotion Loss of life insurance @ £6 £96.00 per calendar month Interest on loss of earnings £1196.92 ( 8% from mid-point( 189 days) Loss of statutory rights £300.00 Grossing up calculations: £51,098.67 – (£30,000 – (Total taxable amount £3150) = £ 24,248.67/0.8 including the injury to = £30,310.84 feeling award and interest, minus the claimant’s tax free allowance of £30,000 less the basis award, divided by 0.8, because Cs tax rate is assumed as 20%) Basic award £3150.00 Tax free element £26,850.00 Grossed up taxable £30,310.84 element Total award payable to £60,310.84 the claimant