Ms A Fitzgerald v The Blurt Foundation CIC (in Creditors’ Voluntary Liquidation): 6000440/2023
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 The Respondent having failed to enter a response to this claim, Judgment for the Claimant is entered as follows:[1]The Claimant’s complaint of automatic unfair dismissal (section 99 of the Employment Rights Act 1996) succeeds.[2]The Claimant’s complaint of pregnancy/maternity discrimination (section 18 of the Equality Act 2010) succeeds.[3]The remedy to which the Claimant is entitled will be determined in accordance with the case management orders contained in a separate document of today’s date. Case No: 6000440/2023 EMPLOYMENT TRIBUNALS Claimant: Miss A Fitzgerald Respondent: The Blurt Foundation CIC (in creditors’ voluntary liquidation) Heard at: Bristol (by VHS video) On: 20 October 2023 Before: Employment Judge Leverton (sitting alone) Appearances Claimant: In person Respondent: None REMEDIES JUDGMENT A default judgment on liability having been issued under rule 21 of the Employment Tribunals Rules of Procedure 2013, The Tribunal orders the Respondent to pay the Claimant total compensation of £15,093.21, calculated as follows: Basic award of one week’s pay for dismissal connected with £204.63 pregnancy or maternity contrary to section 99 Employment Rights Act 1996 (ERA) Compensatory award for dismissal contrary to section 99 ERA, £3,253.88 comprising three months’ net loss of earnings at £886.69 per month, £48 pension loss and £250 loss of statutory rights plus 10% uplift for failure to comply with Acas Code of Practice under section 207A Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A) (recoupment does not apply) Award of £9,900 for injury to feelings in respect of pregnancy and £10,890 maternity discrimination contrary to section 18 Equality Act 2010 plus 10% uplift under section 207A TULR(C)A Interest on injury to feelings award calculated in accordance with £744.70 the Employment Tribunals (Interest on Awards in Discrimination Cases) Regulations 1996 (8% for 312 days, i.e. 12/12/22 – 20/10/23) Total award £15,093.21 Case No: 6000440/2023