Miss C Conlon v Cheshire Retail (NW) Ltd: 2411318/2019
JUDGMENT
[1]The respondent did treat the claimant unfavourably because of pregnancy by dismissing her in breach of section 18 of the Equality Act 2010. The claimant’s claim for discrimination is found and succeeds;[2]The respondent did not treat the claimant unfavourably because of pregnancy by failing to conduct a pregnancy risk assessment in breach of section 18 of the Equality Act 2010. The claimant’s claim for discrimination in relation to risk assessment is not found;[3]The principal reason for the claimant’s dismissal related to pregnancy and therefore her dismissal was unfair under section 99 of the Employment Rights Act 1996 and regulation 20 of the Maternity and Parental Leave etc Regulations 1999. The claim for unfair dismissal succeeds;[4]The Tribunal does not find that Section 67 of the Employment Rights Act 1996 applied to the claimant as she was not suspended from work on maternity grounds. Her complaint that, in contravention of that provision, the respondent failed to offer to provide her with work does not succeed and is dismissed; Case No. 2411318/2019 Code V[5]The respondent did breach the claimant’s contract of employment by failing to employ her for the one week notice period to which she was entitled; and[6]As accepted by the respondent, the respondent did fail to pay the claimant in respect of annual leave accrued but untaken in breach of the Working Time Regulations 1998. REMEDY JUDGMENT The unanimous judgment of the Tribunal is that:[1]As a result of the respondent’s breach of section 18 of the Equality Act 2010, the respondent is ordered to pay the claimant compensation for injury to feelings of £7,700, consisting of an injury to feelings award of £7,000 and an uplift of 10% for unreasonably failing to comply with the ACAS code of practice on disciplinary and grievance procedures;[2]The respondent is also ordered to pay the claimant interest on the injury to feelings award of £587.31;[3]The respondent is ordered to pay the claimant the gross sum of £119.05 as compensation for its failure to pay the claimant in lieu of accrued but untaken annual leave; and[4]The respondent is ordered to pay the claimant damages for breach of contract in respect of notice in the sum of £184.26.[5]The sums must be paid within 14 days of the date that this Judgment is sent to the parties.