Claimant v Echo Personnel Ltd
Outcome
Individual claims
The tribunal found pregnancy and maternity discrimination in breaking the verbal agreement regarding reduced hours on return from maternity leave and failing to inform the claimant about the Hereford Office closure or that she could work from the mobile recruitment van. These acts were unfavourable treatment because of the claimant's pregnancy and maternity.
The tribunal found the claimant was constructively dismissed when the respondent breached a fundamental term of her contract by breaking the verbal agreement regarding her hours on return from maternity leave, reached with Ben Diston and acquiesced by Steve Squires, which the claimant had relied upon to her detriment when arranging childcare.
The dismissal was found to be automatically unfair under s99 Employment Rights Act 1996 as it was for a reason connected with pregnancy, childbirth and maternity, specifically relating to the agreed reduced hours on return from maternity leave which was breached by the respondent.
The tribunal upheld the breach of contract claim for notice pay between 1st and 16th May 2023. The claimant gave one month's notice on 18th April 2023 and attended work ready, willing and able to work her notice, but the respondent had closed the branch without informing her where or how to work her notice.
The tribunal found the claimant and comparator Darren Evans were doing 'like work' and upheld the equal pay claim under s65 Equality Act 2010. The claimant's contract was modified so that from 17th April 2022 her salary would be £25,000 per annum, equal to her comparator.
The tribunal upheld in part the claim for breach of the Maternity Equality clause under s71 and s127 Equality Act 2010, awarding payment of the claimant's bonus for the two weeks after her return from maternity until the end of her notice period, provisionally assessed at £44.17 per week.
The tribunal dismissed the claim for unauthorised deductions from pay under s13 Employment Rights Act 1996. The judgment does not provide detailed reasoning for this dismissal in the reconsideration text.
The tribunal dismissed the claim for unpaid holiday pay. The judgment does not provide detailed reasoning for this dismissal in the reconsideration text.
Facts
The claimant worked for the respondent and went on maternity leave. She reached a verbal agreement with manager Ben Diston regarding reduced hours (4 hours, 2 days per week) on her return from maternity leave, which was acquiesced by Steve Squires. The claimant arranged childcare in reliance on this agreement. Jennie Alexander then breached this agreement. The respondent also failed to inform the claimant that the Hereford Office had closed or that she could work from a mobile recruitment van. The claimant gave one month's notice on 18 April 2023 but was not paid for the last two weeks when she attended ready, willing and able to work. The tribunal also found the claimant was paid less than male comparator Darren Evans for like work.
Decision
The tribunal upheld claims of pregnancy and maternity discrimination, constructive dismissal, automatic unfair dismissal connected to maternity, breach of contract for notice pay, equal pay and breach of maternity equality clause for bonus payments. The respondent's application for reconsideration was refused as there was no reasonable prospect of the original decision being varied or revoked and it would not be in the interests of justice to grant reconsideration.
Practical note
A verbal agreement on flexible working hours on return from maternity leave, even without following formal procedures, can be binding and its breach can constitute pregnancy/maternity discrimination and constructive dismissal, particularly where relied upon to the employee's detriment.
Adjustments
Respondent arranged and held a grievance meeting but failed to give the claimant a decision on her grievance and did not offer her an appeal, both of which breached the ACAS Code. Tribunal provisionally assessed 7.5% uplift for partial compliance
Legal authorities cited
Statutes
Case details
- Case number
- 1306243/2023
- Decision date
- 1 April 2025
- Hearing type
- reconsideration
- Hearing days
- 3
- Classification
- procedural
Respondent
- Sector
- professional services
- Represented
- No
- Rep type
- self
Employment details
- Salary band
- £25,000–£30,000
Claimant representation
- Represented
- No