Mrs P Freedman v Taylor Surveyors Ltd and E Taylor: 3201320/2023

EMPLOYMENT TRIBUNALS

Case No 3201320/2023

Between

Mrs P FreedmanClaimant

Taylor Surveyors Ltd and E TaylorRespondent

Before

Employment Judge S Shore

Members

Mrs M Legg

Mr M Wood

Mr C Plume for claimant

Mr E Taylor for respondent

Date 1 September 2025

JUDGMENT

ON LIABILITY The unanimous decision of the Employment Tribunal is that:-

[1]The Claimant’s claim of constructive unfair dismissal succeeds against the First Respondent but is dismissed against the Second Respondent.

[2]No deduction shall be made from any award made to the Claimant under the principles of contributory fault, Polkey, or the ACAS Code of Conduct on grievance and disciplinary procedures.

[3]The Claimant’s claim of indirect sex discrimination under s.19 of the Equality Act 2010 against both Respondents is dismissed.

[4]The Claimant’s claim under s.80G and 80H of the Employment Rights Act 1996 in respect of flexible working succeeds against the First Respondent. The Tribunal makes a declaration that the Respondent failed to deal with the Claimant’s application for flexible working dated 8 February 2023 in a reasonable manner under s.80G(1)(a) of the Employment Rights Act 1996. Case Number: 3201320/2023

[5]The Claimant’s claim of failure to provide written payslips is dismissed upon withdrawal.

[6]The Tribunal will go on to consider remedy. Approved by

[1]The Claimant was employed by the First Respondent from 4 February 2020 until her effective date of termination (EDT) on 10 March 2023. The Claimant earned £500.00 per week gross and, for our purposes, worked five days per week between the hours of 9:00am to 5:00pm with one-hour unpaid break for lunch at the EDT.

[2]However, we have calculated the Claimant’s loss of earnings from 9 May 2023, when she was due to return from Maternity Leave. We have calculated her loss between 9 May 2023 and 7 November 2023 on the hours she would have worked if she had not been unfairly dismissed and her application for flexible working had been granted. The Claimant would have earned £237.66 per week gross if she had returned on the hours requested. Unfair Dismissal

[3]The First Respondent shall pay the Claimant a Basic Award calculated as £500.00 per week multiplied by 3 = £1,500.00, to be paid without deduction of National Insurance or Income Tax.

[4]The First Respondent shall pay the Claimant a Compensatory Award for losses from the EDT (which losses only begin on 9 May 2023) until 7 November 2023, a period of 26 weeks. The calculation is 26 multiplied by £237.66 = £6166.16, to be paid without deduction of National Insurance or Income Tax.

[5]The First Respondent shall pay the Claimant a Compensatory Award for future loss of £500.00 for loss of statutory rights to be paid without deduction of National Insurance or Income Tax. Flexible Working Claim

[6]The First Respondent shall pay the Claimant 7 weeks’ pay multiplied by £500.00 per week = £3,500.00 for her flexible working claim to be paid without deduction of National Insurance or Income Tax. Recoupment

[7]This claim is one to which the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 apply. 7.1. The Prescribed Element is £6,166.16; 7.2. The Prescribed Period is 10 March 2023 (The EDT) to 22 August 2025 (the final day of the hearing); 7.3. The Total Award is £11,666.16; and 7.4. The Balance is £5,550.00.

[8]The Secretary of State for Work and Pensions will receive a copy of this Judgment and will serve a Recoupment Notice on the First Respondent detailing the amount of benefits to be recouped.

[9]The First Respondent shall then pay the recouped amount in the Notice to the DWP and any balance to the Claimant. Payment Date

[10]The First Respondent shall pay the Claimant the monies due after recoupment by 4:00pm on Monday 29 September 2025. Approved by