Miss H Warner-Denny v Headwear (UK) Ltd: 3205191/2021
JUDGMENT
The unanimous judgment of the Tribunal is that :-1. The claim of unfair constructive dismissal succeeds. The Claimant wasunfairly dismissed.[2]The claim under section 18 of the Equality Act 2010 succeeds. The Claimant was discriminated against during the protected period of her pregnancy.[3]The claim of indirect sex discrimination fails and is dismissed.[4]The claim of unlawful deductions from wages succeeds. The Claimant is entitled to be compensated for sickness absence of up to 10 days.[5]The claim of failure to handle a claim under the terms of section 80 F-H of the Employment Rights Act 1996 (an application for flexible and part time working) fails and is dismissed. Case Number: 3205191/2021 2[6]The claim of wrongful dismissal succeeds. The Claimant is entitled to one month’s contractual notice pay. Employment Judge Warren Dated: 23 January 2023 Case Number: 3205191/2021 1 EMPLOYMENT TRIBUNALS Claimant: Miss H Warner-Denny Respondent: Headwear (UK) Ltd Heard at: East London Hearing Centre (by CVP) Before: Employment Judge Warren Members: Ms A Berry Ms J Henry Representation For the claimant: Ms Linford, Counsel For the respondent: Mr Ogilvie Harris (ex-director of the respondent)[1]The respondent is ordered to pay the claimant fifteen hundred and ninety nine pounds and eighty three pence being a month’s net pay for compensation for breach of contract.[2]The respondent is ordered to pay compensation in the sum of seven hundred and thirty eight pounds and thirty eight pence for unlawful deductions from wages, amounting to ten days’ net pay.[3]The basic award for unfair dismissal is thirteen hundred and eighty four pounds and sixty two pence and we award two months’ pay gross by way of compensatory award in the sum of four thousand pounds.[4]We award compensation in the sum of four thousand and two hundred pounds for injury to feelings for indirect sex discrimination and unfavourable treatment through the protected period of the claimant’s pregnancy and maternity leave. Interest is payable on this sum for 938 days amounting to eight hundred and sixty two pounds and ninety six pence Case Number: 3205191/2021 2[5]In conclusion and in total, the respondent is ordered to pay to the claimant the sum of thirteen thousand two hundred and eighty five pounds and seventy nine pence (£13,285.79)