Claimant v Venson Herts Ltd
Outcome
Individual claims
The tribunal found the complaint of automatic unfair dismissal under s.99 Employment Rights Act 1996 well-founded. The claimant was unfairly dismissed because of her pregnancy, which constitutes an automatically unfair dismissal under pregnancy-related provisions.
The tribunal found the complaint of direct pregnancy discrimination well-founded and it succeeded. The claimant was dismissed because of her pregnancy, which constitutes direct discrimination on the protected characteristic of pregnancy.
Facts
Miss Stewart was dismissed by Venson Herts Ltd because of her pregnancy. She brought claims for automatic unfair dismissal and direct pregnancy discrimination. She represented herself at the hearing while the respondent was represented by their Operations Director. The respondent also unreasonably failed to provide written reasons for her dismissal as required by statute.
Decision
The tribunal unanimously found that the claimant was automatically unfairly dismissed because of her pregnancy under s.99 ERA 1996 and that she suffered direct pregnancy discrimination. The tribunal awarded total compensation of £30,326.04 including loss of earnings, injury to feelings, ACAS uplift for failure to follow procedures, and a penalty for failing to provide written reasons for dismissal.
Practical note
Dismissing an employee because of pregnancy is both automatically unfair and constitutes direct discrimination, with tribunals prepared to award substantial compensation including ACAS uplifts and additional penalties for procedural failures such as not providing written reasons.
Award breakdown
Vento band: lower
Adjustments
Increase in award pursuant to s.207A Trade Union Labour Relations (Consolidation) Act 1992 for failure to follow ACAS Code. Uplift of £3,364.30 applied.
Legal authorities cited
Statutes
Case details
- Case number
- 3301866/2023
- Decision date
- 27 June 2025
- Hearing type
- full merits
- Hearing days
- 4
- Classification
- contested
Respondent
- Name
- Venson Herts Ltd
- Sector
- other
- Represented
- Yes
- Rep type
- in house
Employment details
Claimant representation
- Represented
- No