Claimant v Samsons Limited
Outcome
Individual claims
The tribunal found the claimant was reduced to part time hours by the respondent on 01.04.2021 until the end of her employment, which constituted unfavourable treatment on the grounds of pregnancy or pregnancy related illness. But for this treatment, the claimant would have remained in her full time role until she commenced her maternity leave on 02.10.2021.
The tribunal found the claimant was entitled to two months notice pay which had not been paid by the respondent, constituting a breach of contract.
The tribunal found the claimant had accrued and untaken holiday pay for two periods: 01.04.2021 to 09.05.2021 and 10.05.2021 to 01.10.2021. Holiday entitlement carried over from 2020 was found to have been taken and paid in 2021.
Facts
The claimant was employed at an annual salary of £28,000. On 01.04.2021, while pregnant, she was reduced to part-time hours by the respondent. The claimant's employment ended on 09.10.2021, shortly after she was due to commence maternity leave on 02.10.2021. She was paid maternity leave directly from HMRC but based on part-time wages. The claimant also did not receive proper notice pay or all accrued holiday pay.
Decision
The tribunal found the reduction to part-time hours was unfavourable treatment on grounds of pregnancy. The claimant succeeded in her claims for pregnancy discrimination, notice pay, and holiday pay, receiving a total award of £9,011.25 plus a declaration of entitlement to full statutory maternity pay based on her full-time salary.
Practical note
Reducing a pregnant employee to part-time hours without justification constitutes pregnancy discrimination and affects entitlement to statutory maternity pay, which must be calculated on the full-time rate.
Award breakdown
Vento band: lower
Award equivalent: 16.7 weeks' gross pay
Case details
- Case number
- 1301057/2022
- Decision date
- 14 May 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Name
- Samsons Limited
- Sector
- other
- Represented
- No
- Rep type
- self
Employment details
- Salary band
- £25,000–£30,000
Claimant representation
- Represented
- No