Ms L Marley v Premier EA and FS Ltd and others: 3206724/2021 and 3200767/2022
EMPLOYMENT TRIBUNALS
Case No 3206724/2021, 3200767/2022
Between
Ms L MarleyClaimantPremier EA and FS Ltd and othersRespondent
Before
Employment Judge C Lewis
Members
Ms W Blake-RankenIn person for claimantDate 12 October 2023
JUDGMENT
The unanimous decision of the tribunal is as follows:[1]The Claimant’s claim under s 18 of the Equality Act 2010, pregnancy and maternity discrimination, succeeds in respect of issues 1.2-1.15;[2]The Claimant’s claim under s 27 of Equality Act 2010, victimisation, succeeds in respect of issues 1.7- 1.15;[3]The claims under s 47B of the Employment Rights Act 1996, whistleblowing detriment, succeed in respect of issues. 1.7- 1.15;[4]The claim for unfair dismissal succeeds. We find that the Claimant’s dismissal was an act of victimisation contrary to s 27 of the Equality Act 2010.[5]On the issue of alleged illegality, we do not find that it would be proportionate to deny the Claimant the relief to which she would otherwise be entitled. Case Numbers: 3206724/2021 And 3200767/2022 2[6]A remedy hearing has been listed on 11 January 2024. Employment Judge C Lewis Dated: 12 October 2023 Case Number: 3206724/2021 & 3200767/2022 1 EMPLOYMENT TRIBUNALS Claimant: Miss L Marley Respondents:(1) Premier EA & FS Ltd(2) Mr Darren Burke(3) Mr Phillip Green Heard at: East London Hearing Centre On: 11 January 2024 (hybrid hearing); 17 January 2024 (in Chambers) and 31 January 2024 (by CVP) Before: Employment Judge C Lewis Member: Mrs W Blake-Ranken Representation Claimant: In person Respondents: Ms S Clarke – Counsel on 11 January 2024 Ms R Thomas - Counsel on 31 January 2024 REMEDY JUDGMENT By its judgment dated 12 October 2023 the Tribunal found that the Respondents discriminated against the Claimant contrary to section 18 of the Equality Act 20120; victimised her contrary to section 27 of the Equality Act 2010; subjected her to detriment contrary to section 47 B of the Employment Rights Act 1996; and unfairly dismissed her contrary to section 94 of the Employment Rights Act and made declarations to that effect. Following a remedy hearing the Tribunal orders ha the Respondents shall pay the claimant the following sums:[1]Basic award for unfair dismissal 8 weeks x statutory maximum weeks’ pay (£544.00) = £4352.00[2]Failure to provide written particulars When the proceedings were begun the respondent was in breach of its duty to provide the claimant with a written statement of changes to her employment particulars. There are no exceptional circumstances that make an award of an amount equal to two weeks’ gross pay unjust or inequitable. It is not just and equitable to make an award of an amount equal to four weeks’ gross pay. 2 In accordance with section 38 Employment Act 2002 the respondent shall therefore pay the claimant (£544 x 2) the sum of £1088.00[3]Compensation for pregnancy and maternity discrimination, victimisation under the Equality Act 2010 and whistleblowing detriment 3.1Loss of statutory rights as a result of dismissal (£544 x 2) £1088.00 3.2 Other financial losses to date of hearing on 31 January 2024(i) Exam costs £ 540.00(ii) Attending to work matters during maternity leave £ 745.52(iii) Loss of earnings: 18 February 2022 to 31 March 2022£ 4731.781 March 2022 to 31 December 2022£ 5953.511 January 2023 to 31 December 2023£ 2083.911 January 2024 to 31 January 2024£ 173.66£12,942.86 3.3Total compensation to date of remedy judgment £15,316,38 3.4 Future loss of earnings: 1 February 2024 to 30 April 2024£ 520.98 3.5 Total compensation for financial losses £15,837.36[4]Injury to feelings4.1 Injury to feelings as a result of pre-dismissal discrimination/ detriments: £20,000.004.2 Injury to feelings as a result of dismissal £10,000.004.3 Total injury to feelings award £30,000.00[5]Interest 5.1 Interest on injury to feelings awarded for the period 21 October 2021 to 31 January 2024 (823 days @ ££6.58 per day) = £5,415.34 5.2Interest on other compensation for discrimination, from the midpoint (412 days @ £3.36 per day) = £1384.32 5.3Total interest awarded £6799.66 Case Number: 3206724/2021 & 3200767/2022 3[6]Total amount for which the Respondents are jointly and severally liable, payable by the Respondents to the Claimant forthwith:6.1 Basic award £ 4,352.006.2 Failure to provide written particulars £ 1,088.006.3 Compensation for financial losses £15,837.366.4 Injury to feelings award £30,000.006.5 Interest £ 6,799.666.6 Grand total £58,077.02