Claimant v Trinity Independent Care Ltd
Outcome
Individual claims
The Claimant established a prima facie case of pregnancy discrimination. The Respondent failed to attend or adduce any evidence to rebut the prima facie case. The tribunal found the Respondent dismissed the Claimant on 7 May 2024 without following any proper procedure, which constituted discrimination on the grounds of pregnancy.
Facts
Mrs Kwartz was employed by Trinity Independent Care Ltd, a care company now in voluntary liquidation. She was dismissed on 7 May 2024 while pregnant, with her maternity leave due to commence on 30 May 2024. The dismissal was carried out without following any proper procedure. The Claimant did not have sufficient service to qualify for statutory maternity pay. The Respondent entered voluntary liquidation and did not attend the tribunal hearing.
Decision
The tribunal found in favour of the Claimant by way of default judgment. The Claimant established a prima facie case of pregnancy discrimination which the Respondent, having failed to attend or provide evidence, could not rebut. The tribunal awarded compensation for loss of earnings, injury to feelings with interest, and applied a 25% ACAS uplift for failure to follow proper dismissal procedures.
Practical note
Employers who dismiss pregnant employees without proper procedure and fail to defend claims face default judgments with substantial injury to feelings awards and ACAS Code uplifts.
Award breakdown
Vento band: lower
Adjustments
Respondent failed to follow ACAS process when dismissing the Claimant, resulting in a 25% uplift applied to the sub-total of awards
Legal authorities cited
Statutes
Case details
- Case number
- 6007573/2024
- Decision date
- 10 November 2025
- Hearing type
- default judgment
- Hearing days
- 1
- Classification
- default
Respondent
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- No