Mrs C Culf v A Shade Greener Maintenance Ltd: 1801924/2019
JUDGMENT
[1]The complaint of indirect sex discrimination is dismissed following a withdrawal by the claimant.[2]The remaining complaints of maternity discrimination and unfair dismissal (constructive) proceed as per the case management order made on 20 June 2019. Employment Judge Little Date 26th June 2019 Case No: 1801924/2019 1 EMPLOYMENT TRIBUNALS Claimant: Mrs C Culf Respondent: A Shade Greener Maintenance Ltd HELD AT: Sheffield ON: 26 and 27 September 2019 BEFORE: Employment Judge Brain Mrs B Hodgkinson Mr L Priestley REPRESENTATION: Claimant: Miss N Sharpe, solicitor Respondent: Ms R Parlett, in-house HR representative[1]The claimant’s complaint of unfavourable treatment because she was exercising her right to ordinary and/or additional maternity leave fails and stands dismissed.[2]The claimant’s complaint that she was constructively unfairly dismissed by the respondent succeeds. The following is awarded by way of remedy: 2.1. Basic award £2,019.26 2.2. Compensatory award: 2.2.1. Loss of earnings for the period between 20 February 2019 and 20 September 2019. £219.23 per week for a period of 30.3 weeks £6,650.00 Less earnings in alternative employment £1,302.34 £5,347.66 Case No: 1801924/2019 2 2.2.2. Loss of the statutory right not to be unfairly dismissed and for loss of the statutory notice period £350.00 Total basic and compensatory awards: £7,716.92[3]The Recoupment Regulations apply as follows: 3.1. Grand total £7,716.92 3.2. Prescribed element £5,347.66 3.3. Period of prescribed element 20 February 2019 to 20 September 2019 3.4. Excess of grand total over prescribed element £2,369.26[4]The respondent shall pay to the claimant the sum of £2,369.26 being the excess of the grand total over the prescribed element on or before 11 October 2019. The respondent shall pay to the claimant the balance due to her following the operation of the Recoupment Regulations.