Miss Chloe Pierce v S W Staffing Ltd and Mr Alex Mitchell: 1404868/2018

EMPLOYMENT TRIBUNALS
Case No 1404868/2018Venue CHAMBERS AT PlymouthHearing 26 February 2019 THE TIME FOR PRESENTING A RESPONSE HAVING EXPIRED AND NO VALID RESPONSE HAVING BEEN PRESENTED JUDGMENT UNDER RULE 21 1. The claimant was unfairly dismissed by the first respondent; and 2. The claimant was discriminated against on the grounds of her sex and/or maternity by the first respondent and/or the second respondent; and 3. The claimant’s claim for breach of contract succeeds in respect of her notice pay as against the first respondent; and 4. The appropriate remedy will be determined at a hearing notice of which will be sent to parties in due course. The case management preliminary hearing listed for 29 May 2019 is cancelled. JUDGMENT OF THE EMPLOYMENT TRIBUNAL HELD AT Plymouth ON 11 April 2019 Representation: Claimant: Miss A Brown and Miss N Wood, Lay Representatives Respondents: No Appearance Entered, Did Not Attend JUDGMENT ON REMEDY 1. The claimant has succeeded in her unfair dismissal claim against the first respondent and the first respondent is ordered to pay compensation to the claimant limited to a compensatory award of loss of statutory rights in the sum of £350.00; and 2. The claimant has succeeded in her claim for sex discrimination against both the first respondent and second respondent and they are ordered to pay the claimant damages in the sum of £22,449.95. This consists of loss of earnings from dismissal to today of £4,139.64; future loss of earnings in the sum of £3,820.32; an award for injury to feelings in the sum of £10,000.00; and 25% uplift for failure to comply with the ACAS Code of Practice; and 3. The claimant has succeeded in her claim for breach of contract in respect of her notice pay as against the first respondent and the first respondent is ordered to pay the claimant four weeks’ net pay in the sum of £1,273.44; and 4. The above awards are considered to be just and equitable; and Case No. 1404868/2018 5. The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 (“the Recoupment Regulations”) do not apply in this case.
Between
Miss Chloe PierceClaimantS W Staffing Ltd and Mr Alex MitchellRespondent
Not represented for respondentDate 11 April 2019

JUDGMENT

[1]The claimant was unfairly dismissed by the first respondent; and[2]The claimant was discriminated against on the grounds of her sex and/or maternity by the first respondent and/or the second respondent; and[3]The claimant’s claim for breach of contract succeeds in respect of her notice pay as against the first respondent; and[4]The appropriate remedy will be determined at a hearing notice of which will be sent to parties in due course. The case management preliminary hearing listed for 29 May 2019 is cancelled.[1]The claimant has succeeded in her unfair dismissal claim against the first respondent and the first respondent is ordered to pay compensation to the claimant limited to a compensatory award of loss of statutory rights in the sum of £350.00; and[2]The claimant has succeeded in her claim for sex discrimination against both the first respondent and second respondent and they are ordered to pay the claimant damages in the sum of £22,449.95. This consists of loss of earnings from dismissal to today of £4,139.64; future loss of earnings in the sum of £3,820.32; an award for injury to feelings in the sum of £10,000.00; and 25% uplift for failure to comply with the ACAS Code of Practice; and[3]The claimant has succeeded in her claim for breach of contract in respect of her notice pay as against the first respondent and the first respondent is ordered to pay the claimant four weeks’ net pay in the sum of £1,273.44; and[4]The above awards are considered to be just and equitable; and Case No. 1404868/2018[5]The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 (“the Recoupment Regulations”) do not apply in this case.