Mrs N C Taylor v Mr D Howe T/a Sprint Electrical: 2403146/2023
REASONS
[1]The claimant worked as an electrician for the respondent, from July 2017 to 31 December 2022.[2]On 7 November 2022 the respondent treated the claimant unfavourably because of her pregnancy. On 14 November 2022 the respondent terminated the claimant’s employment because of her pregnancy. The last day of the claimant’s employment was 31 December 2022.[3]The claimant was entitled to gross wages of £480.76 per week and net wages of £403.84 per week.[4]On termination of employment, the claimant was 28 years of age and had worked for the respondent for 6 complete years.[5]Section 119 of the Employment Rights Act 1996 provides that a basic award payment shall be calculated by establishing the number of years the claimant worked for the respondent and allowing one week’s pay for each year worked that the claimant was not below the age of 22.[6]The claimant is therefore entitled to a gross basic award payment of £2884.56.[7]From 31 December 2022 – 6 February 2023, a period of 5.5 weeks, the claimant was unemployed. The claimant is entitled to a net payment of £2221.12 (£403.84 x 5.5).[8]From 6 February 2023 – 28 April 2023, a period of 12 weeks, the claimant worked in her new employment as an administrator. The claimant received a net payment of £400.60 per week. The claimant is entitled to a net payment of £38.88 (£403.84-£400.60 x 12).[9]From 28 April 2023 – 9 June 2023, a period of 6 weeks, the claimant was on maternity leave. Had the claimant remained in the respondent’s employment she would have been entitled to £2596.10 gross pay (£480.76 x 90% x 6). However, the claimant only received maternity allowance of £172.48 per week (£1034.88) and is therefore entitled to a net payment £1561.22 (£2596.10 – 1034.88). Case Numbers 2403146/2023 3[10]From 9 June 2023 – 4 November 2023, a period of 21 weeks, the claimant remained on maternity leave and received the maternity allowance which was the equivalent of the statutory maternity pay she would have received had she remained in the employment of the respondent and there is no financial loss for this period.[11]From 6 November 2023 – 1 December 2023, a period of 4 weeks, the claimant returned to her role as an administrator. The claimant is entitled to a net payment of £12.96 (£403.84 - £400.60 x 4).[12]From 4 December 2023 the claimant received a pay rise and received a net payment of £415.23 per week. Therefore, from this date the claimant had no financial loss arising from the termination of her employment.[13]Interest was calculated on the sum total of the claims for loss of wages, loss of statutory rights and an uplift for the failure to follow the ACAS Code of Practice from the mid point of the period 7 November 2022 – 3 September 2024, a period of 301 days at the rate of 8% (301/2 x 0.08 x 1/365 x £4767.60). The claimant is entitled to a payment of interest of £157.27.[14]Interest was calculated on the injury to feelings award for the period 7 November 2022 – 3 September 2024, a period of 301 days at the rate of 8% (301 x 0.08 x 1/365 x £12,000). The claimant is entitled to a payment of interest of £791.67.[15]The claimant received £2083.33 gross pay per month. The respondent failed to pay the claimant for a period of 3 months. The claimant is entitled to a gross payment of £6249.99.[16]On termination of the claimant’s employment, she had taken 26 annual leave days. The claimant was entitled to 28 annual leave days. The claimant was therefore, entitled to a gross payment of £192.30 (£480.76/5 x 2).[17]The respondent failed to provide the claimant with a written statement of the particulars of her employment over a 6 year period. The claimant is therefore entitled to an award of £1923.04, equivalent to 4 weeks gross pay (£480.76 x 4).