Miss J Fish v Helping Hands Property Service Ltd: 2412215/2023
EMPLOYMENT TRIBUNALS
Case No 2412215/2023
Between
Miss J FishClaimantHelping Hands Property Service LtdRespondentDate 6 September 2024
REASONS
[1]The claimant worked as an administrator for the respondent property services company from 21 July 2021 to 14 November 2023.[2]The claimant complained that she was subjected to unfavourable treatment because of her pregnancy.[3]The claimant also complained that she was dismissed when she tried to return to her role after the expiry of her additional maternity leave period.[4]Prior to the expiry of the additional maternity leave period, the claimant was entitled to gross wages of £468.90 per week.[5]On termination of employment, the claimant was 28 years of age and had worked for the respondent for 2 complete years.[6]Section 119 provides that a basic award shall be calculated by establishing the number of years the claimant worked for the respondent and allowing one week’s pay for each year worked that the claimant was not below the age of 22.[7]The claimant is therefore entitled to a basic award payment of £937.80.[8]Following the expiry of the additional maternity leave period, the claimant intended to return to her role part time and work 22.5 hours a week. However, the respondent terminated the claimant’s employment without notice before she could return to work.[9]The Tribunal has determined that the claimant will not be able to return to work until 1 October 2026 and is entitled to receive the compensatory award from 14 November 2023 until 1 October 2026.[10]Had the claimant been able to return to work she would have received an hourly rate of pay of £10.42 up until 31 March 2024. The claimant’s net weekly pay would have been £224.20.[11]From 14 November 2023 until 31 March 2024, the claimant had a net loss of wages of £4484.[12]From 1 April 2024 until 1 October 2026 the claimant would have received an hourly rate of pay of £11.44. The claimant’s net weekly pay would have been £247.68.[13]From 1 April 2024 until 1 October 2026, the claimant’s net loss is £32,198.47.[14]Section 124 of the Employment Rights Act 1996 states that the amount of the compensatory award is the lower of £105,707 or the gross annual pay. The claimant’s gross annual pay had she been able to return to work would have been £13,384.88.[15]The claimant is therefore entitled to a compensatory award of £13,384.88.[16]The claimant gave evidence about the unfavourable treatment. The Tribunal determined that the claimant was entitled to compensation for injury to feelings in the middle band in accordance with Vento v Chief Constable of West Yorkshire Police (No 2) (2003) IRLR 102.[17]The claimant submitted the claim form on 5 December 2023. The middle band applicable to this claim is £11,200 - £33,700.[18]The claimant is entitled to an award for injury to feelings of £12,000.[19]The claimant is entitled to interest on the award for injury to feelings of £662.79.[20]The Tribunal determined that that claimant’s dismissal was not discriminatory as it occurred after the end of the protected period.