Claimant v Aecus Recruitment Limited
Outcome
Individual claims
The tribunal found pregnancy discrimination against both the First and Second Respondent. The First Respondent failed to follow any proper procedure in dismissing the Claimant and completely failed to follow ACAS code regarding dismissal and grievance procedures, with no consultation, no fair procedure, and no right of appeal.
The compensatory award was made against the First Respondent for unfair dismissal. The tribunal found complete failure to follow ACAS code including lack of any proper consultation, no meeting with the Claimant, no fair procedure in decision to dismiss, and no right of appeal.
The First Respondent made unauthorised deductions from the claimant's wages throughout her employment until termination on 31 December 2022 in the sum of £335.00.
The tribunal found the First Respondent failed to pay the Claimant notice pay to which she was entitled, ordering payment of £912.92.
The claim for outstanding holiday pay was well founded against the First Respondent, with the tribunal ordering payment of £410.40.
Facts
Miss Lack was employed by Aecus Recruitment Limited for eight months until her dismissal on 31 December 2022. She was pregnant at the time of her dismissal. The First Respondent dismissed her without any proper procedure, consultation, or right of appeal, and failed to follow ACAS code. Throughout her employment, the First Respondent made unauthorised deductions from her wages and failed to pay her statutory sick pay. Neither respondent attended the tribunal hearing.
Decision
The tribunal found in favour of the Claimant on all claims. She succeeded in claims for pregnancy discrimination against both respondents, unfair dismissal, unauthorised deductions, breach of contract for notice pay, and outstanding holiday pay. The tribunal awarded a total of £23,084.39 including injury to feelings, compensatory award with 25% ACAS uplift, and various contractual payments.
Practical note
Employers who dismiss pregnant employees without any proper procedure and completely fail to follow ACAS code face substantial awards including injury to feelings, compensatory awards with uplifts, and personal liability for directors in discrimination claims.
Award breakdown
Vento band: middle
Adjustments
Complete failure of the First Respondent to follow the ACAS code in terms of both dismissal and grievance procedures and in particular the complete lack of any proper consultation, meeting with the Claimant, no fair procedure in decision to dismiss and any right of appeal against the dismissal
Legal authorities cited
Case details
- Case number
- 1303213/2023
- Decision date
- 7 March 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- No
Employment details
- Service
- 8 months
Claimant representation
- Represented
- No