Mrs I Brzozowska v Danas Family Bakery Ltd: 2501280/2023
JUDGMENT
The unanimous Judgment of the Employment Tribunal is as follows:[1]The claimant’s claim for breach of contract in relation to notice pay is dismissed upon withdrawal.[2]The complaint of automatic unfair dismissal is well-founded. The claimant was unfairly dismissed.[3]The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015 and it is just and equitable to increase the compensatory award payable to the claimant by 20% in accordance with section 207A of the Trade Union & Labour Relations (Consolidation) Act 1992.[4]The respondent shall pay the claimant the following sums for unfair dismissal:a. A basic award of £160.00b. A compensatory award of £1382 plus 20% uplift of £276.40 = £1658.40[5]The complaint of pregnancy-related discrimination is well-founded and succeeds.[6]The respondent shall pay to the claimant compensation for injury to feelings in the sum of £2,500.00. No interest is awarded on this compensation. Case No:2501280/2023[7]The complaint of being subjected to a detriment for reasons relating to pregnancy is not well-founded and is dismissed.[8]The Employment Protection (Recoupment of Jobseeker’s Allowance & Income Support) Regulations 1996 apply:a. Grand total = £4318.40b. Prescribed element = £1382.00c. Period of prescribed element from 5 March 2023 to 24 June 2023d. Excess of grand total over the prescribed element = £2936.40