Miss E Bailey v J Janvier and Energy Saving Installers Ltd (in creditors voluntary liquidation): 2411149/2021
JUDGMENT
[1]The claimant’s complaint of automatically unfair dismissal under Section 99 Employment Rights Act succeeds. She was dismissed by Mr Jon Janvier because she took maternity leave. By reason of the operation of the Transfer of Undertakings Protection of Employment Regulations the claimant had two years two months service at the time of her dismissal and could have pursued a complaint for ordinary unfair dismissal. She lost her statutory protection.[2]The claimant’s complaint of maternity discrimination under Section 18(4) Equality Act 2010 succeeds. She was dismissed by Mr Jon Janvier because she took maternity leave.[3]The claimant’s complaint of victimisation under Section 27 Equality Act 2010 fails because she could not meet the burden of proof in establishing the reason why the respondent did not provide her with a reference. Its silence on the point was not enough to prove a prima facie case of discrimination. Mr Jon Janvier is ordered to pay to the claimant £ 19,728.16 made up as follows: Loss of earnings flowing from the act of discrimination on 18 June 2021 until the date on which the claimant found new employment 1 February 2022. The claimant had wanted to return to work 4 days a week so she is awarded 4/5 of her pay for that period, awarded net because she is to be put in the position she would have been in if she had not been discriminated against, being: net monthly pay £1444 x 7.5 months x 0.8 £ 8664.00 (18 June 2021 – 1 February 2022) Interest on loss of earnings Loss of earnings award £ 10 110 Date of discrimination 18 June 2021 Calculation date 23 November 2022 Interest rate 8% Number of days 521 days Interest = 521 x 0.08 x 1/365 x £ 8664.00 = £ 989.35 Injury to feelings award £ 9000.00 The claimant’s award is at the top end of the Lower Vento band to reflect the anger, distress, upset, anxiety and humiliation she felt Interest on injury to feelings Injury to feelings award £ 9 000 Date of discrimination 18 June 2021 Calculation date 23 November 2022 Interest rate 8% Number of days 521 days Interest = 521 x 0.08 x 1/365 x £ 9 000 = £ 1027.73 Holiday pay 21 days, 15 for 2021 plus 6 carried over 21000/365 = daily rate £ 57.53 x 21 = £ 997.08 Loss of statutory rights in unfair dismissal £ 250.00 Less, paid by John Janvier on 29 May 2021 (£ 1200.00)