Ms N Ameri v Alison House Thornaby Ltd: 2500983/2024
JUDGMENT
[1]The claimant’s complaint that there was an unlawful deduction or deductions from her wages is well-founded and the tribunal declares accordingly.[2]The respondent shall pay to the claimant within 14 days the gross sum of £853.62. The claimant shall be responsible for payment of any tax or national insurance. Case number 2500983/2024 2 Written reasons for dismissal[3]The respondent unreasonably failed to provide the claimant with written reasons for her dismissal whilst she was pregnant (section 92 (4) ERA 96) and/or the particulars of reasons given in purported compliance with that section were inadequate and / or untrue. Pursuant to section 93 ERA 96 the respondent shall pay to the claimant within 14 days the gross sum of £ 418.00 ( two weeks pay). Pregnancy and maternity discrimination.[4]The claimant’s complaints that the respondent, during the protected period discriminated against the claimant in relation to her pregnancy by: –• dismissing the claimant on 28 February 2024• forging a contract of employment in the claimant’s name purportedly dated 01 January 2023. Are all well founded.[5]All other complaints of unfavourable treatment because of the claimant’s pregnancy are dismissed. Unfair dismissal[6]The claimant’s complaint of unfair dismissal succeeds.[7]The claimant did not cause or contribute to her dismissal.[8]The respondent failed to demonstrate that there was a chance the claimant would have been dismissed fairly in any event. Automatic unfair dismissal[9]The claimant’s complaint that the reason or principal reason for her dismissal related to pregnancy is well-founded and succeeds, (section 99 ERA 96).[10]The claimant’s complaint that the reason or principal reason for her dismissal was the assertion of one or more statutory rights (section 104 ERA 96) is not wellfounded and is dismissed. Case number 2500983/2024 3