Miss J Hewitt v Elite Hair Lounge Ltd: 6004451/2024
JUDGMENT
[1]The complaint of automatic unfair dismissal is well-founded. The claimant was unfairly dismissed.[2]The following complaint of direct age discrimination is well-founded and succeeds: a. The respondent made reference to the claimant’s age when advising her to terminate her pregnancy (list of issues 3.2.2).[3]The following complaints of direct pregnancy discrimination is well-founded and succeed:a. The respondent on 4th December 2023 immediately after discovering that the clamant was pregnant told her that she should get an abortion because she was too young to be pregnant (4.1.1)b. On 22nd December 2023 the claimant was marked down as late, despite being on a medical appointment (4.1.2)c. On 18th January 2024, after the claimant asked about her job following the birth of her child in a message at 5.30pm she received notice of her dismissal at 5.49pm (4.1.6) Case Number: 6004451/2024d. The respondent logged lateness that did not occur and used a negative tone/ reference to her situation, ie the claimant’s pregnancy (4.1.7).[4]The Tribunal has received representations from the claimant’s representative relating to issue 4.1.3, namely on 26th January 2024 the respondent initially refused to allow the claimant to attend an Ultrasound Appointment.[5]The Tribunal will deal with that as an application to reconsider, and will invite the parties to make representations at the remedy hearing.[6]The remaining complaints are not well-founded and are dismissed.[7]The case will be listed for reconsideration and a remedy hearing via CVP. The parties will receive notification of the date in due course. ..............................................[1]The respondent is ordered to pay to the claimant the sum of £14,909.38 in respect of her claim for automatic unfair dismissal, made up as follows:a. Basic Award: £369.60b. Compensatory Award: £14,539.78[2]The respondent is ordered to pay to the claimant the sum of £7,500 in respect of injury to feelings.[3]A 20% uplift applies to the automatic unfair dismissal awards and to the award for injury to feelings for pregnancy and age discrimination.[4]Interest is applied at 8% from the date of the dismissal to the date of this judgment in respect of the compensation for injury to feelings, and from the midway point between the discriminatory act and the date of judgment for the automatic unfair dismissal. The interest figures are £1,374.90 and £1,223.46 respectively.[5]The total sum that the respondent must pay the claimant is £29,489.62[6]The Employment Protection (Recoupment of Jobseekers’ Allowance and Income Support) Regulations 1996 apply to this award: Case Number: 6004451/2024a. Prescribed element £14,909.38b. Prescribed period 18/01/24 to 15/12/25c. Balance to be paid immediately by the Respondent.