Mrs G Jeremejeva v Fiza Foods Ltd: 2400349/2022
JUDGMENT
[1]The claimant was unfairly dismissed under s.99(1) Employment Rights Act.[2]By dismissing the claimant, the respondent unlawfully discriminated against her on grounds of her pregnancy, under s.18 and s.39(2)(c) Equality Act 2010.[3]The claimant is awarded financial losses for loss of earnings between the date of dismissal and 31 January 2022, when the Tribunal finds she would have been dismissed in any event. Taking account of sums already paid to the claimant, the parties agree that the sum to be awarded for financial loss is £1,710.00.[4]The claimant is awarded £10,000.00 as damages for injury to feelings.[5]The Tribunal awards interest on the award, calculated as follows: Interest for injury to feelings award calculated from 1 December 2021 to 3 March 2023, a period of one year and 92 days. Applying the statutory rate of 8%. £10,000 x 8% x 1(92/365) = £1,001.64 Interest for loss of earnings award made from 1 January 2022 (mid-point of termination of employment and 31 January 2022, when loss of earnings ceased) to 3 March 2023, a period of 1 year and 61 days. £1,710.00 x 8% x 1(61/365) = £159.66 Total interest = £1,161.30[6]The claimant is not entitled to a basic award for unfair dismissal due to her length of service. We made no compensatory award for unfair dismissal as the claimant’s recoverable losses have been fully accounted for in the award made above in respect of her discrimination claim.[7]The respondent breached the claimant’s contract by failing to give her one week’s notice of dismissal, but the Tribunal finds that the claimant was paid in respect of the period of notice she was entitled to be given and awards no damages in respect of that breach of contract.[8]The total sum that the respondent is ordered to pay to the claimant is therefore £12,871.30.