Miss L Collins v Walmersley Chippy Ltd: 2409560/2022
JUDGMENT
[1]The claimant’s claim under s57 Employment Rights Act 1996 that the respondent failed to pay for her for time off in for ante-natal care succeeds. The respondent is ordered to pay the claimant £13.37 in respect of an appointment on 24 November 2021 and £44.55 in respect of an appointment on 26 January 2022.[2]By failing to pay the claimant for her time off for ante-natal appointments, the respondent has discriminated against the claimant on grounds of her pregnancy, contrary to s.18 Equality Act 2010.[3]The claimant’s other claims of discrimination under s.18 are not wellfounded. That means they do not succeed.[4]The claimant was not constructively dismissed by the respondent. The claimant’s claim that she was unfairly dismissed under s.99 Employment Rights Act is not well-founded. That means it does not succeed.[5]The respondent is ordered to pay the claimant the sum of £1,000 for damages for injury to feelings arising from the discrimination we found to have taken place.[6]Interest is payable on the injury to feelings award at the rate of 8% from 25 December 2021 to the date of the hearing. That equates to £150.94.[7]The Tribunal makes an additional award of two weeks’ pay under s.38 Employment Rights Act 2002 (failure to give statement of employment particulars). Based on the claimant’s normal working hours of 20 hours per week, this amounts to £356.40.[8]The total award payable by the respondent to the claimant is £1,565.26.