Miss A Kassim v Kamaz Ltd: 2501215/2018
JUDGMENT
[1]The claimant’s claim of failure to inform and consult on a TUPE transfer fails as it was presented outside the time limit and the Tribunal does not have jurisdiction to hear the claim.[2]The claimant’s case of sex discrimination fails because it cannot proceed if the claimant makes out a claim of pregnancy and maternity discrimination.[3]The claimant’s claims of pregnancy and maternity discrimination pursuant to section 18 Equality Act 2010 and unfair dismissal succeed.[4]I allow the claimant to amend her claim to include a claim for breach of contract (non-payment of notice pay) and find that the claim succeeds.[5]For unfair dismissal, the respondent will pay the claimant a basic award of £480.00 (4 weeks at £120 per week) and a compensatory award of £3,020.00 (21 weeks at £120 per week plus £500.00 for loss of statutory rights.[6]For pregnancy and maternity discrimination, the respondent will pay the claimant £7,000.00 for injury to feelings. Case No. 2501215/2018[7]For breach of contract, the respondent shall pay the claimant £480.00 (4 weeks at £120 per week).[8]The total payable by the respondent to the claimant is £10,980.00.