Mrs Y Ruiz Ramirez v Thai Express E1 Ltd (in voluntary liquidation): 3201909/2020
JUDGMENT
It is the unanimous judgment of the Tribunal that:[1]it is just and equitable to extend time to hear the claim of pregnancy discrimination;[2]the Respondent discriminated against the Claimant because of pregnancy by dismissing her and by failing to place her on furlough;[3]the Respondent is ordered to pay to the Claimant £20,466.24. (See Appendix One for a calculation);[4]it was not reasonably practicable for the Claimant to bring her unfair dismissal complaint in time and it was presented within a reasonable time;[5]the complaint of unfair dismissal is not well-founded and does not succeed. Employment Judge Moor Date: 16 February 2021 Case Number: 3201909/2020 V APPENDIX ONE CALCULATION OF COMPENSATION Date of Calculation 16 February 2021 Date of discrimination 20 March 2020 Net monthly pay £1014.83 Net weekly pay £234.19 Interest at 8% per year £[1]Injury to feelings 11000.00 Interest for whole period i.e. 333 days 8% x 333/365 x 11000 = 802.85[2]Past loss of earningsa. 20.3.20 – 4.7.20 = 15 weeks x 234.19 x 80% 2810.28b. 4.7.20-3.8.20 = 1 month x 1014.83 1014.83c. Loss of SMP 6 weeks x 234.19 x 90% 1264.62d. To today 22 weeks x 151.20 3326.40 8416.13 Less half of UC received 2163/2 (1081.50) Total Past Loss of Earnings 7334.63 Interest from mid-point i.e. 166 days 8% x 166/365 x 7334.63 = 266.86[3]Future loss of earnings for 12 weeks First 6 weeks at SMP of 151.20 = 907.20 Next 6 weeks at part time 50% = 6 x 234.19/2 702.57 1609.80 1/3 of this deducted to reflect UC still paid (547.86) No childcare costs because part time. Total Future Loss of Earnings 1061.94 TOTAL AWARD (1 + 2 + 3) 20,466.28