Cases2500983/2024

Claimant v Alison House Thornaby Limited

13 June 2025Before Employment Judge T.R. SmithTeessidein person

Outcome

Claimant succeeds£1,272

Individual claims

Unlawful Deduction from Wagessucceeded

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.

Othersucceeded

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.

Direct Discrimination(pregnancy)partly succeeded

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.

Unfair Dismissalsucceeded

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.

Automatic Unfair Dismissal(pregnancy)succeeded

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.

Automatic Unfair Dismissalfailed

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

Arrears of pay£854
Unpaid wages£854

Legal authorities cited

Statutes

ERA 1996 s.92(4)ERA 1996 s.104ERA 1996 s.93ERA 1996 s.99

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