Cases1300543/2024

Claimant v Cergus Group Ltd

Outcome

Claimant succeeds

Individual claims

Automatic Unfair Dismissal(pregnancy)succeeded

The tribunal found the complaint of unfair dismissal contrary to s99 ERA 1996 well founded. This section protects employees dismissed for pregnancy-related reasons, establishing an automatic unfair dismissal.

Direct Discrimination(pregnancy)succeeded

The tribunal found the complaint of unlawful discrimination on the grounds of pregnancy contrary to s18 Equality Act 2010 well founded. The dismissal was found to be discriminatory treatment arising from the claimant's pregnancy.

Wrongful Dismissalsucceeded

The tribunal found the wrongful dismissal claim well founded. The respondent dismissed the claimant without proper notice or in breach of contractual procedures.

Facts

Mrs Odeyemi was employed by Cergus Group Ltd and was dismissed while pregnant. The respondent brought a counterclaim relating to contractual matters. This is a liability judgment only with limited facts available in the document.

Decision

The tribunal unanimously found all three of the claimant's complaints well founded: automatic unfair dismissal under s99 ERA 1996, pregnancy discrimination under s18 EqA 2010, and wrongful dismissal. The respondent's contract claim was dismissed.

Practical note

Dismissing a pregnant employee will likely result in findings of both automatic unfair dismissal and pregnancy discrimination, with both statutory protections applying concurrently.

Legal authorities cited

Statutes

ERA 1996 s.99EqA 2010 s.18

Case details

Case number
1300543/2024
Decision date
8 September 2025
Hearing type
full merits
Hearing days
Classification
contested

Respondent

Sector
Represented
No

Claimant representation

Represented
No