Ms K Birley v Wonderland Nurseries Ltd: 1802169/2019
JUDGMENT
[1]The claimant was unfairly dismissed for reasons relating to pregnancy.[2]The claimant was unfavourably treated by the respondent because of reasons relating to her pregnancy and pregnancy illness. The claimant was wrongfully dismissed.[4]The claimant was not subjected to the detriments of failures to conduct a reasonable investigation, the hearing of her appeal or reasonable investigation of her appeal because of her pregnancy or pregnancy related illness.[5]The claimant was not subjected to the detriments of failures to conduct a reasonable investigation, the hearing of her appeal or reasonable investigation of her appeal for reasons related to pregnancy, or maternity. V[6]The claim for unauthorised deductions from wages is dismissed as it is a duplication of the claim for breach of contract.[7]The employer’s contract claim is dismissed.[8]The respondent shall pay to the claimant damages for the breach of contract in the sum of £990.[9]The respondent shall pay to the claimant compensation for the unlawful discrimination in the sum of £15,168.95.[10]No additional award is made for the claim of unfair dismissal.[11]The respondent shall pay to the claimant £2,423.84, being an uplift of 15% on the damages and compensation a consequence of the unreasonable failure of the respondent to comply with the ACAS Code of Practice on Disciplinary and Grievance procedures. Employment Judge D N Jones Date: 23 September 2020 SCHEDULE OF REMEDY[1]Damages for wrongful dismissal of one month, 6/2/2019 to 6/3/2019 £ 990.00 V[2]Compensation for discrimination Loss of earnings from 6/3/2019 to 30/8/2019 25 weeks @ £228.46 pw, being £5,711.50 Less 50%for failure to mitigate loss £ 2,855.75 Loss of maternity pay 6 weeks at 228.46 pw x 90% £ 1,233.68 33 weeks @ £148.68pw £ 4,906.44 Sub-total for losses of earnings and maternity pay £ 8,995.87 Interest at 8% from mid-point of loss to hearing, 9 months £ 539.75 Injury to feelings £ 5,000.00 Interest at 8% for 19 months, February 2019 to September 2020 £ 633.33 Total compensation for discrimination £15,168.95[3]Uplift for unreasonable failure to comply with the ACAS Code of Practice £990 and £15,168.95 (£16,158.95) x 15% £2,423.84