Ms J Gonzalez v Radiance Property Services Ltd: 2215264/2023

EMPLOYMENT TRIBUNALS

Case No 2215264/2023

Between

Ms Jennifer GonzalezClaimant

Radiance Property Services Limited At: London Central Employment TribunalRespondent

Before

Employment Judge Klimov

Date 22 December 2023

JUDGMENT

[1]The Respondent has failed to present a response on the expiry of the time limit in Rule 16 in Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (“the ET Rules”), and the Respondent’s application for an extension of time under Rule 20 of the ET Rules has been refused by the Tribunal’s decision at the preliminary hearing on 22 December 2023.

[2]Having considered the claim form, Employment Judge Klimov has decided that a determination of all liability issues in the claim can properly be made without a hearing.

[3]The Judgment of the Tribunal, made under Rule 21 of the ET Rules, is that:3.1 The Claimant’s complaints of:3.1.1 Indirect sex discrimination (section 19(1), Equality Act 2010);

3.1.2 Unfavourable treatment during her protected period because of her pregnancy (section 18(2)(a), Equality Act 2010);

3.1.3 Unfavourable treatment because she exercised her right to take maternity leave (section 18(4) Equality Act 2010);

3.1.4 Victimisation (section 27(1) Equality Act 2010); and Case No: 2215264/2023

3.1.5 Constructive unfair dismissal within the meaning of section 95(1)(c)Employment Rights Act 1996. are well-founded.

3.2 The Respondent shall pay the Claimant compensation with respect to these complaints to be determined at a remedy hearing of 23 February 2024, if not agreed.

3.3 The Respondent shall be entitled to participate in the remedy hearing by presenting written and oral evidence, cross-examining the Claimant and the Claimant’s witnesses, and making legal submissions to the Tribunal.