Claimant v Alison House Thornaby Limited
Outcome
Individual claims
The tribunal found that the respondent made unlawful deductions from the claimant's wages. The respondent was ordered to pay £853.62 gross representing the unpaid wages owed.
The respondent unreasonably failed to provide written reasons for dismissal whilst the claimant was pregnant under section 92(4) ERA 1996, and/or the reasons provided were inadequate or untrue. Two weeks' pay (£418) was awarded under section 93 ERA 1996.
The tribunal found the respondent discriminated against the claimant during the protected period by dismissing her on 28 February 2024 and by forging a contract of employment in her name dated 01 January 2023. All other complaints of unfavourable treatment because of pregnancy were dismissed.
The claimant's dismissal was unfair. The tribunal found the claimant did not cause or contribute to her dismissal and the respondent failed to demonstrate there was a chance the claimant would have been dismissed fairly in any event.
The tribunal found that the reason or principal reason for the claimant's dismissal related to pregnancy under section 99 ERA 1996, making it automatically unfair.
The claimant's complaint that the reason or principal reason for dismissal was the assertion of statutory rights under section 104 ERA 1996 was not well-founded and was dismissed.
Facts
The claimant was dismissed on 28 February 2024 whilst pregnant. The respondent made unlawful deductions from her wages and failed to provide adequate written reasons for dismissal. The tribunal found that the respondent had forged a contract of employment in the claimant's name purportedly dated 01 January 2023. The claimant brought claims for unlawful deduction of wages, pregnancy discrimination, unfair dismissal, and automatic unfair dismissal.
Decision
The tribunal found in favour of the claimant on most claims. The dismissal was automatically unfair due to pregnancy (s.99 ERA 1996) and also constituted pregnancy discrimination. The respondent was ordered to pay £853.62 for unlawful wage deductions and £418 (two weeks' pay) for failure to provide written reasons for dismissal. The tribunal found no contributory fault and rejected any Polkey reduction.
Practical note
Dismissing a pregnant employee and forging employment contracts to conceal the true employment relationship will result in multiple successful claims including automatic unfair dismissal, pregnancy discrimination, and unlawful deduction of wages, with no scope for reductions.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2500983/2024
- Decision date
- 13 June 2025
- Hearing type
- full merits
- Hearing days
- 9
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Employment details
- Service
- 1 years
Claimant representation
- Represented
- No