Miss N Karczewska v JP Construction 1 Ltd (formerly known as Z&E Ciastek Ltd): 3304563/2020
JUDGMENT
[1]The claimant’s claims for pregnancy discrimination, notice pay and holiday pay succeed.[2]The respondent failed to give the claimant a written statement of employment particulars as required by section 1 of the Employment Rights Act 1996.[3]The respondent unreasonably failed to comply with the Acas Code of Practice on Disciplinary and Grievance Procedures.[4]The respondent is ordered to pay the claimant the sum of £15,272.71. This is made up of:a. Compensation for discrimination (financial losses) of £6,836.10 which includes interest of £672.30;b. Compensation for injury to feelings of £4,876.48 which includes interest of £876.48;c. £1,707.68 in respect of 26.4 days’ holiday accrued but untaken at the end of the employmentd. £375.06 in respect of one week’s notice pay;e. £750.12, an award of two weeks’ pay in respect of the failure to provide written statement of employment particulars; Page 1 of 2 Case Number: 3304563/2020f. An uplift of 5% in respect of the unreasonable failure to comply with the Acas Code of Practice.[5]The figure at 2d is a gross figure. Payment of the net amount for 2d, after the appropriate deductions for tax and employee national insurance, will only be acceptable compliance with this order if the respondent pays the appropriate tax and employee national insurance to HMRC, and, at the same time as payment to the claimant of the net sum, the respondent provides the claimant with confirmation that the payments have been made to HMRC. Otherwise, the full sum is payable to the claimant.