Claimant v Robert Lewis t/a LD Printing
Outcome
Individual claims
The tribunal found the dismissal to be unfair. The claimant was awarded both a basic award (which was offset by redundancy pay already received) and a compensatory award, indicating the respondent failed to follow fair procedures or had no fair reason for dismissal.
The tribunal found the claimant was entitled to 63 hours (9 days) of unpaid holiday pay at the rate of £11.44 per hour under the Working Time Regulations, indicating the respondent had failed to pay accrued but untaken annual leave.
The tribunal was not satisfied that the claimant's pregnancy or maternity status was the reason for any less favourable treatment. The claim was dismissed on its merits.
The tribunal found no evidence that the claimant was treated less favourably because of her sex. The claim was dismissed on its merits.
Facts
Mrs Hampstead was dismissed from her role at LD Printing on 29 September 2024. She brought claims for unfair dismissal, unpaid holiday pay, pregnancy/maternity discrimination, and sex discrimination. The claimant represented herself while the respondent was assisted by a friend, Ms Walker. The tribunal heard evidence over two days.
Decision
The tribunal found the dismissal was unfair and awarded compensation totalling £1,647.36 (basic award of £411.84 minus £411.84 already paid as redundancy, plus compensatory award of £1,235.52). The tribunal also awarded £720.77 for 9 days unpaid holiday. The discrimination claims based on pregnancy/maternity and sex were dismissed as not made out.
Practical note
An employer dismissing an employee who is pregnant must ensure proper procedures are followed and must not assume discrimination claims will fail—while this claimant's discrimination claims were dismissed, the unfair dismissal succeeded, demonstrating the importance of fair process regardless of circumstances.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6005019/2024
- Decision date
- 1 April 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- printing
- Represented
- No
- Rep type
- lay rep
Claimant representation
- Represented
- No