Miss H Branson v S W Barradell Ltd: 2417564/2020
JUDGMENT
The unanimous judgment of the Tribunal is as follows:[1]The complaint of unfair dismissal is not well founded and is dismissed.[2]The complaint of detriment contrary to regulation 19(1) of the Maternity and Parental Leave etc Regulations 1999 is not well founded and is dismissed.[3]The complaint of indirect sex discrimination contrary to section 19 Equality Act 2010 is not well founded and is dismissed.[4]The complaint in respect of holiday pay succeeds and the respondent is ordered to pay the claimant the sum of £67.31 representing one day’s pay under regulation 30(1)(b) Working Time Regulations 1998. The complaints of breach of contract and of unauthorised deductions from pay in relation to the same matter succeed, but no separate award is made.[5]The complaint of detriment in employment contrary to section 45A(1) Employment Rights Act 1996 on the ground that the claimant refused to forego a right under the Working Time Regulations 1998 is well founded. That complaint succeeds and the remedy to which the claimant is entitled will be determined at a further hearing in accordance with the following case management orders:(a) By 4pm on Friday 9 September 2022 the claimant must provide to the Tribunal and to the respondent a revised schedule of loss limited to losses sought under this head of claim and accompanied by any medical evidence on which the claimant wishes to rely;(b) By 4pm on Friday 23 September 2022 the parties must have provided the Tribunal with any dates to avoid between 1 October 2022 and 28 February 2023 for a 3 hour remedy hearing, and(c) The Tribunal will then list the matter for a remedy hearing unless notified that the parties have reached agreement on the appropriate remedy.