Ms L Hagele v Railway Café SOS Ltd: 3206211/2021
JUDGMENT
[1]The Claimant’s claim of Automatic Unfair dismissal under s99 Employment Rights Act 1996 is well founded and succeeds.[2]The Claimant’s claim of unlawful discrimination under s18 Equality Act 2010 is well founded and succeeds.[3]The Claimant’s claim for breach of contract (notice pay) is well founded and succeeds.[4]The Claimant’s claim for payment in lieu of holiday accrued but not taken at the date of termination is well founded and succeeds.[5]A remedy hearing is now listed for 3 October 2022.[1]The respondent is ordered to pay a compensatory award of £4745.44. This award is made up of 23 weeks’ pay at the rate of £187.11 per week from the date of dismissal to the 1st March 2022 when the claimant was placed on Maternity Allowance, and 5 weeks at £88.38 per week being the difference between the maternity allowance received and the sum that would have been earned had the claimant not been dismissed and placed on Maternity Allowance until her preferred date 5 weeks later.[2]The respondent is ordered to pay to the claimant the sum of £348 as payment in lieu of holiday pay accrued but not taken at the date of termination.[3]The respondent is ordered to pay to the claimant the sum of £748.44 by reason of the respondent’s failure to issue a written statement of terms and conditions of employment.[4]The claimant is awarded the sum of £4250 for injury to feelings arising from the respondent’s acts of unlawful discrimination. The respondent is ordered to pay this sum to the claimant.[5]The recoupment provisions apply to this award: Case Number: 3206211/2021a. The monetary award is £10,091.88b. The amount of the prescribed element is £5093.44c. The dates of the prescribed period to which the prescribed element applies is 26th September 2021 to 1st March 2022d. The amount by which the monetary award exceeds the prescribed element is £4998.44