Ms S Davy v Arcadia Group Ltd (in administration): 2201380/2021

EMPLOYMENT TRIBUNALS

Case No 2201380/2021

Between

Ms S DavyClaimant

Arcadia Group Ltd (in administration)Respondent

Before

Employment Judge Phil Allen

In person for claimant

Not represented for respondent

Date 19 January 2023

JUDGMENT

[1]The claimant was automatically unfairly dismissed as the reason or principal reason for her dismissal was that she was redundant and regulation 10 of the Maternity & Parental Leave etc Regulations 1999 had not been complied with (in accordance with regulation 20(1)(b) of those Regulations). Her claim for unfair dismissal succeeds.

[2]The claimant was automatically unfairly dismissed under section 99 of the Employment Rights Act 1996 because the principal reason for her dismissal related to pregnancy and maternity. Her claim for unfair dismissal succeeds.

[3]The claimant was treated unfavourably because of her pregnancy and because she was exercising her right to maternity leave contrary to sections 18 and 13 of the Equality Act 2010 in each of the following ways. Her claim for direct discrimination because of pregnancy and/or maternity succeeds:a. During her pregnancy, the respondent removed the claimant’s responsibilities;

b. During her maternity leave, the respondent subjected the claimant to a pre-determined redundancy selection process;

c. During her maternity leave, the respondent consistently provided the claimant with short notice of consultation meetings;

d. During her maternity leave, the respondent used an interview as a means of selecting the claimant for redundancy;

e. During her maternity leave at an interview on 8 September 2020, the respondent posed questions which were deliberately designed to disadvantage the claimant as someone who had been on maternity leave since December 2019; and

f. By making the claimant redundant.

[4]The Tribunal did have jurisdiction to consider the matters claimed as discrimination on grounds of pregnancy and maternity, because the matters found were conduct extending over a period and the claim was entered at the Employment Tribunal within the period required following the end of that period.

[5]The claimant’s claim for direct sex discrimination did not succeed and is dismissed.

[6]The claimant is awarded an injury to feelings award for the discrimination found of £22,000.

[7]The claimant is awarded damages for loss arising from the discrimination found of £26,807.

[8]The claimant is awarded interest on the injury to feelings award of £3,742 (776 days at 8% pa, being the period since the discrimination on 4 December 2020).

[9]The claimant is awarded interest on the losses awarded of £2,280 (388 days at 8% pa, being the mid-point of the period between 4 December 2020 and this hearing).

[10]No additional award is made for unfair dismissal, as the claimant has already received a statutory redundancy payment and the losses have been awarded in relation to the discrimination found.