Miss J Ashton v Lynn Cafe Ltd and Mr A Kaya: 3307575/2018

EMPLOYMENT TRIBUNALS

Case No 3307575/2018

Between

Miss J AshtonClaimant

(1) Lynn Cafe Limited (2) Mr A KayaRespondent

Before

Employment Judge Brown

Members

Ms M Prettyman and Mr D Hart

In person for claimant

Dr A Morgan (instructed by counsel) for respondent

Date 7 November 2019

JUDGMENT

(1) It is hereby declared that the first respondent unfairly dismissed the claimant because of her pregnancy.

(2) It is hereby declared that the respondents contravened the Equality Act 2010 by dismissing the claimant because of pregnancy in the protected period.

(3) The respondents shall pay to the claimant, as compensation for their contravention of the Equality Act 2010: (i) £10,000 damages for injury to feelings; (ii) £7,429.88 as damages for past loss of earnings; (iii) £1,242.74 as interest on damages for injury to feelings; (iv) £461.67 as interest on past financial loss

(4) The first respondent failed to pay the claimant the sum of £742.50 due to her in respect of her right to paid leave under the Working Time Regulations 1998, and shall pay that sum to the claimant;

(5) It is hereby declared that the first respondent, in breach of s 1 Employment Rights Act 1996, failed to give the claimant a written statement of employment particulars, and, having regard to s 38 Employment Act 2002, the first respondent shall pay to the claimant the higher amount of £549.88. 1 of 2 Case Number: 3307575/2018