Miss E Grand-Maison v Asda Stores Ltd: 3200331/2020
JUDGMENT
[1]The Claimant’s complaint that she was discriminated against because of pregnancy by being required to carry on lifting after informing her employers that she was pregnant succeeds.[2]The Claimant’s complaint that she was discriminated against because of pregnancy in not redeploying her from her role that was a potential risk to her pregnancy succeeds.[3]All the Claimant’s other claims for discrimination because of pregnancy fail and are dismissed.[4]The Claimant’s complaint for automatic unfair dismissal by reason of pregnancy fails and is dismissed.[5]The Claimant’s complaint for unfair dismissal fails and is dismissed.[6]Appropriate compensation was not considered due to a fire alarm at the Tribunal. The award will consider injury to feelings, interest and uplift in respect of the Respondent’s failure to consider the Claimant’s grievance appeal. Case number 3200331/2020 2[7]A remedy hearing will be listed separately, if remedy is not otherwise resolved between the parties. Employment Judge Burgher Date: 5 May 2022 Case Number: 3200331/2020 1 EMPLOYMENT TRIBUNALS Claimant: Miss E Grand-Maison Respondent: Asda Stores Limited Heard at: East London Hearing Centre On: 15 June 2022 Before: Employment Judge Burgher Members: Ms M Daniels Ms R Hewitt Appearances For the Claimant: In person For the Respondent: Mr A Rozycki (Counsel)[1]The Respondent failed to comply with the ACAS code of practice on grievances by failing to consider the Claimant’s grievance within a reasonable time and failing to notify the Claimant in writing of a right to appeal. The Tribunal award a 15% uplift to compensation in this regard.[2]The Respondent is ordered to pay the Claimant the total sum of £12,600.35 in respect of her successful claims. This sum consists as follows:[1]Details Start date or discriminatory act 27/09/2019 Remedy hearing date 15/06/2022[2]Non financial losses Injury to feelings 9000.00 ACAS Uplift 15% 1,350.00 Subtotal 10,350 Case Number: 3200331/2020 2 Plus interest @ 8% for 992 days 2,250.35 Total non-financial award 12,600.35