Miss L Horsman v Mr Kurt Abbott and UK Creative Media Ltd: 2404871/2019 and 2405111/2019
JUDGMENT
[1]The second respondent did not fail to reasonably consider the claimant's request for flexible working or alternative employment prior to her return from maternity leave.[2]The claimant's claim that she suffered a detriment as a result of the second respondent’s failure to consider her request for flexible working prior to her return from maternity leave is not well-founded and is dismissed.[3]The claimant's claim of direct discrimination against the first and second respondents in respect of this allegation is not well-founded and is dismissed.[4]The claimant's claim against the second respondent that she suffered a detriment under section 47C of the Employment Rights Act 1996 by reason of the respondents’ failures to pay statutory maternity pay in time or in full is well-founded and succeeds.[5]The claimant's claim of direct discrimination under section 18 of the Equality Act 2010 against the first and second respondents is well-founded and succeeds.[6]The claimant's claims of unlawful deduction of wages, payment in lieu of holiday accrued but not taken at the date of termination and breach of contract are dismissed upon withdrawal by the claimant.[7]The Tribunal makes an award to the claimant in the sum of £1,500 for injury to feelings.