Miss G Mcardle v Vista Home Care Services Ltd: 6007575/2024
JUDGMENT
[1]The claimant’s complaint that the reason or the principal reason for her dismissal from her employment by the respondent on 8 July 2024 was related to her pregnancy fails. Accordingly, the complaint of unfair dismissal brought pursuant to section 99 of the Employment Rights Act 1996 is not well-founded and stands dismissed.[2]The claimant’s complaint that the respondent treated her unfavourably because of her pregnancy and because of pregnancy-related illness suffered by her succeeds. Accordingly, her complaint brought pursuant to section 18 of the Equality Act 2010 (when read with section 39(2)(c) of the 2010 Act) is wellfounded and is upheld.[3]By way of remedy upon the complaint in paragraph 2: 3.1. The respondent shall pay to the claimant compensation for injury to her feelings in the sum of £5,000. 3.2. The respondent shall pay to the claimant interest upon that sum in the sum of £538.08 (calculated at the rate of 8% per annum for 491 days between 8 July 2024 and 11 November 2025, the latter being the calculation date). 3.3. The claimant’s claim for compensation for personal injury is refused. 3.4. The claimant’s claim for compensation for pecuniary loss is refused. 3.5. The claimant’s claim for an uplift pursuant to section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992 of the amounts in Case Number: 6007575/2024 awarded in paragraphs3.1 and3.2 because of the respondent’s failure to comply with the Acas Code of Practice 1: Disciplinary and Grievance Procedures (2015) is refused. 3.6. The total payable to the claimant by the respondent of £5,538.08 shall be paid to her on or before 26 November 2025. Approved by