Ms K Gilbert v Mr P Scowen T/a The Cleanologists: 3300714/2021
JUDGMENT
[1]The claimant’s complaints of direct pregnancy discrimination, automatically unfair dismissal and unlawful deduction of wages succeed.[2]The awards will be increased by 10% because of the respondent’s failure to follow the ACAS Code of Practice on disciplinary procedures.[3]Interest at the rate of 8% is also added to the awards.[4]The respondent is ordered to pay the following sums to the claimant:- Damages for discrimination (including the unfair dismissal) Gross weekly pay £290.30 - net weekly pay £274.54 – net daily rate £54.90(i) Loss of earnings 18 weeks to start of maternity leave £4941.72 Holiday accrued in 18 weeks 9.67 days x £54.90 £530.88 6 weeks SMP @ 90% of £290.30 £1567.62 Case No: 3300386/172598/15 33 weeks SMP @ £151.97 £5015.01 Sub-total £12,055.23 Less 39 weeks Mat Allowance @£156.66 £6109.74 £5945.49 Add 10% £594.54 Sub-total £6540.03 Add 8% interest from mid-point of discrimination (daily rate £1.43 x 450 days) £643.50 Total £7183.53(ii) Injury to feelings Tribunal award £25,000 Add 10% £2,500 Sub-total £27,500 Add 8% interest from date of discrimination (daily rate £6.02 x 900 days) £5418 Total £32,918 Unlawful deduction of wages (as in Claim form) £465 Total sum to be paid to the claimant by the respondent £40,566.53