Miss A Timmins v ASD UK Trading Ltd: 1803744/2019
JUDGMENT
[1]The claim of pregnancy discrimination succeeds only to the extent that the Respondent treated the Claimant unfavourably by failing to undertake an individual risk assessment upon being notified in writing on 13th March 2019 that she was pregnant. All other complaints of discrimination because of pregnancy or sex are dismissed.[2]The Respondent is ordered to pay to the Claimant compensation for injury to feelings in the sum of £3000.00.[3]The Claimant is further awarded interest on that sum at 8 per cent per annum from 13th March 2019 to date, being £360.30.[4]The Claimant was wrongfully dismissed on insufficient notice as provided for under her contract and/or was not paid for the period of notice. The breach of contract claim succeeds.[5]The Respondent is ordered to pay to the Claimant damages, calculated at 2 days’ pay, in the gross sum of £126.92[6]The complaint of automatically unfair dismissal is dismissed. Case: 1803744/2019 (V)[7]The complaint of unauthorised deduction from wages in respect of the week 9th to 15th May 2019, paid at statutory sick pay and not full pay, is dismissed.REASONS
There is no reasonable prospect of the original decision being varied or revoked, because On both liability and remedy this a was a unanimous decision of the Tribunal, made after full consideration of the relevant evidence and submissions. The Tribunal applied the applicable case law (as set out in authorities such as Stevenson v JM Skinner&C0 EAT 0584/07 and Hardman v Mallon t/a Orchard Lodge Nursing Home [2000] IRLR 516 EAT) and accordingly awarded compensation within the lower third of the appropriate lower band in “Vento”. There is no reasonable prospect of a different decision being reached on the facts of this case if the Tribunal were to be reconvened