Cases2300334/2022

Claimant v Brandmovers Europe Limited

14 March 2025Before Employment Judge L WilsonLondon Southremote video

Outcome

Partly successful

Individual claims

Unfair Dismissalsucceeded

The tribunal found the complaint of unfair dismissal under the Employment Rights Act 1996 was well founded. The claimant was unfairly dismissed. Remedy will be determined at a separate hearing to assess compensation.

Direct Discrimination(sex)failed

The complaint of direct sex discrimination under Section 13 of the Equality Act 2010 was not well founded and was dismissed. The tribunal did not find that the claimant was treated less favourably because of her sex.

Direct Discrimination(pregnancy)failed

The complaint of discrimination because of pregnancy and/or maternity under Section 18 of the Equality Act 2010 was not well founded and dismissed. The tribunal did not find that the treatment was related to pregnancy or maternity.

Detriment(pregnancy)failed

The complaint of detriment because of pregnancy, childbirth, maternity or maternity leave under Section 47C of the Employment Rights Act 1996 was not well founded and dismissed. The tribunal found no detriment was suffered on these protected grounds.

Unlawful Deduction from Wagesnot determined

The complaint of unauthorised deduction from wages under Section 13 of the Employment Rights Act 1996 will be determined at the remedy hearing. The tribunal has not yet reached a conclusion on this claim.

Breach of Contractnot determined

The complaint of notice pay (breach of contract) will be determined at the remedy hearing. The tribunal has reserved judgment on this claim pending the remedy stage.

Facts

Ms Cesari was dismissed by Brandmovers Europe Limited in circumstances involving pregnancy and maternity. She brought claims for unfair dismissal, sex discrimination, pregnancy/maternity discrimination, pregnancy-related detriment, unauthorised deduction of wages, and notice pay. The hearing took place over five days by video before a full panel.

Decision

The tribunal found the dismissal was unfair under the Employment Rights Act 1996. However, all discrimination and detriment claims related to sex, pregnancy and maternity were dismissed as not well founded. The claims for unauthorised deduction of wages and notice pay were reserved for determination at a remedy hearing.

Practical note

A dismissal can be unfair under general employment law even where discrimination claims related to pregnancy and maternity fail, highlighting that unfair dismissal has a different legal test than discrimination.

Legal authorities cited

Statutes

ERA 1996EqA 2010 s.13EqA 2010 s.18ERA 1996 s.47C

Case details

Case number
2300334/2022
Decision date
14 March 2025
Hearing type
full merits
Hearing days
5
Classification
contested

Respondent

Sector
professional services
Represented
Yes
Rep type
lay rep

Claimant representation

Represented
Yes
Rep type
barrister