Miss J Noon v Rakesh Ishwar Daryanani: 2402611/2019
JUDGMENT
[1]The claimant was unfairly dismissed by the respondent.[2]The respondent breached the claimant’s contract of employment by failing to give notice of termination.[3]The respondent, as employer, is liable for unlawful discrimination against the claimant because of maternity.[4]Had the tribunal found that the claimant was employed by Crosby Enterprises (North West) Limited and not by the respondent, the tribunal would have held the respondent liable under section 110 of the Equality Act 2010 for unlawful discrimination because of maternity, but would have dismissed the other complaints. CERTIFICATE OF CORRECTION Employment Tribunals Rules of Procedure 2013 Under the provisions of Rule 69, the Remedy Judgment sent to the parties on 1 November 2019, is corrected as set out in block type to show the claimant’s representative as Mr T Sutherland. Employment Judge Horne Date: 29 November 2019 5 December 2019 Important note to parties: Any dates for the filing of appeals or reviews are not changed by this certificate of correction and corrected judgment. These time limits still run from the date of the original judgment, or original judgment with reasons, when appealing. EMPLOYMENT TRIBUNALS Claimant: Miss J Noon Respondent: Rakesh Ishwar Daryanani HELD AT: Liverpool ON: 4 October 2019 BEFORE: Employment Judge Horne REPRESENTATION: Claimant: Mr T Sutherland, solicitor Respondent: Did not attend and was not represented, participation restricted under rule 21 of the Employment Tribunal Rules of Procedure 2013 REMEDY JUDGMENT[1]As damages for unlawful discrimination, the respondent is ordered to pay the claimant: 1.1. £17,793.00 damages for injury to feelings (inclusive of interest); and 1.2. £1,326.12 damages for financial losses (inclusive of interest on damages for past loss of earnings).[2]The tribunal makes no award of aggravated damages.[3]As compensation for unfair dismissal, the respondent is ordered to pay the claimant a basic award of £456.00 but no compensatory award.[4]The tribunal makes no separate award of damages for breach of contract.