Claimant v The Hound Ville Limited

The tribunal found that the claimant's dismissal was not automatically unfair because of a TUPE transfer. The claim under Regulation 7 TUPE 2006 and s.94 Employment Rights Act 1996 was dismissed.

The tribunal upheld the claim that the claimant was automatically unfairly dismissed because of pregnancy/maternity under section 99 Employment Rights Act 1996. The dismissal on 6 September 2023 was found to be pregnancy-related.

The claim for ordinary unfair dismissal under s.94 Employment Rights Act 1996 was not upheld and was dismissed by the tribunal.

The tribunal found that sending an email on 6 September 2023 accusing the claimant of abusing her position to obtain statutory maternity pay constituted pregnancy and maternity discrimination under s.18 Equality Act 2010.

The tribunal found that failing to pay the claimant maternity pay from July 2023 onwards amounted to pregnancy and maternity discrimination under s.18 Equality Act 2010.

The tribunal found that dismissing the claimant on 6 September 2023 was pregnancy and maternity discrimination under s.18 Equality Act 2010, constituting unfavourable treatment because of her pregnancy/maternity.

The tribunal did not uphold the claim that the decision not to transfer the claimant to the Third Respondent under TUPE constituted pregnancy and maternity discrimination under s.18 Equality Act 2010.

The tribunal found the claimant was wrongfully dismissed by the third respondent on 6 September 2023, as she was entitled to one month's notice which was not given or paid.

The tribunal found that a week's holiday pay was withheld from the claimant's wages in June 2023 and again in July 2023, amounting to unauthorised deductions from wages.

The tribunal found the claimant was due additional accrued holiday pay on the termination of her employment, calculated at 72.8 hours at the hourly rate.