Ms A E G Flores v KTV Ltd: 2301215/2023
JUDGMENT
[1]At all material times, the Claimant was in the Respondent’s employment for the purposes of s83 Equality Act 2010. The Claimant was a worker for the purposes of s230 Employment Rights Act 1996. The Claimant was not an agency worker for the purposes of the Agency Workers Regulations 2010.[2]The Claimant’s claim for maternity suspension pay is not well-founded and is dismissed.[3]The Claimant’s complaint of pregnancy discrimination was made in time as there was conduct extending over a period, the last act/omission of which was within 3 months of the Claimant notifying ACAS of her claims.[4]The Claimant’s complaint of pregnancy discrimination is well-founded with respect to the following allegations only:a. failing to undertake an adequate risk assessment;b. failing to make reasonable adjustments;c. delaying in replying to the Claimant’s questions about SMP;d. telling the Claimant to stop coming to work on 4 October 2022.[5]The Claimant’s complaint of unauthorised deductions from wages (holiday Case No: 2301215/2023 pay) is postponed.