J Carter v Scammell Groundworks Ltd (Liquidation): 3322430/2021
JUDGMENT
[1]The claimant’s claim for unfair dismissal because of pregnancy and discrimination on the grounds of pregnancy succeeds. The respondent will pay the claimant the following: summary totals Unfair dismissal £673.24 compensatory award £9,062.48 Discrimination £10,177.04 Total £19,912.76 (grossing up at 40% does not apply as the award is under £30,000) _____________________________ Employment Judge Allen 18/12/2022[2]JUDGMENT SENT TO THE PARTIES ON 6/1/2023 NG - FOR THE TRIBUNAL OFFICE[3]Case No: 3322430/2021 1 EMPLOYMENT TRIBUNALS Claimant Respondent Jenna Carter v Scammell Groundworks Limited (in Liquidation) Heard at: CVP (notionally Norwich Employment Tribunal) On: 8 December 2022 Before:REASONS
Commencement of employment 06/01/2020 Effective date of termination (EDT) 16/06/2021 Period of continuous service 17 months 10 days Age at effective date of termination (17/7/1985) 36 Remedy hearing date 08/12/2022 Cutoff date for future loss of earnings (commencement of new employment) 28/09/2021 Statutory notice (weeks) 1 Gross weekly pay at EDT (£2,333.33 monthly) £538.46 Basic award / damages for wrongful dismissal Notice pay / loss of earnings (1 week) x weekly pay £538.46 Plus failure by employer to follow statutory procedures at 25% £134.62 total basic award / damages £673.24 compensatory award (immediate loss) loss of earnings: number of weeks (14) x weekly pay £7,538.44 (Subtract 1 week notice pay notice £538.46) £6,999.98 plus loss of statutory rights (up to £500) £250 Total compensation (immediate loss) £7,249.98 Case No: 3322430/2021 2 adjustments to total compensatory awardPlus failing by employer to follow statutory procedures at 25% (£7249.98 x 25%) £1,812.50 Compensatory award before adjustments £7,249.98 Total adjustments to the compensatory award +£1,812.50 compensatory award after adjustments £9,062.48 Damages for Discrimination (pregnancy) [fully taxable] Injury to feelings (2021 Vento band, lower mid-range) £9,100 plus interest at 8% for 540 days (EDT to date of hearing) (award x 0.08 x 540 /365) £1,077.04 Discrimination award £10,177.04 summary totals Basic award / wrongful dismissal £673.24 Compensatory award (immediate loss) £9,062.48 Discrimination £10,177.04 Total Award £19,912.76 grossing up at 40% does not apply as the award is under £30,000