Mrs G Makri v W A Howarth (Aphrodites Lodge) Ltd: 2403940/2020
JUDGMENT
[1]The claimant's claim that she was subjected to pregnancy discrimination under section 18 Equality Act 2010 by the respondent(a) dismissing her,(b) requiring her to attend a disciplinary hearing, (f) calling security after the termination of her employment, and (g) asking the claimant to wait outside for an ambulance when she was unwell, are all well-founded and succeed.[2]The claimant's other claims for pregnancy discrimination, that the respondent subjected her to pregnancy discrimination by (b) putting her under pressure to work additional hours in the kitchen, (c) asking her to work in the kitchen, and (e) creating evidence that she had been absent from work for seven days, are not well-founded and do not succeed.[3]The claimant’s claim for failure to pay 1 week’s notice pay is not well-founded and does not succeed. The Tribunal finds that the claimant’s final day of work was 23 March 2020, having been sent home on 16 March 2020, and that the claimant was paid for that week.[4]The claimant’s claim for holiday pay due on the termination of employment is well-founded and succeeds and we order the respondent to pay the claimant 17 hours at £9.50 = £161.50. Remedy[5]The Tribunal makes the following award to the claimant for compensation for her pregnancy dismissal claim:(a) An award for injury to feelings of £9,500.(b) A compensatory award, which includes a 10% uplift, for failure to follow the ACAS Code of Practice when the claimant was not offered an appeal against dismissal, of £6,812.96.[6]The total compensation to be paid by the respondent to the claimant within 14 days of this date of this Judgment is £16,474.46 (£9,500 + £6,812.96 plus holiday pay of £161.50).