Claimant v Helping Hands Property Service Ltd
Outcome
Individual claims
The claimant was dismissed when she tried to return to her role after the expiry of her additional maternity leave period. The respondent terminated the claimant's employment without notice before she could return to work. The tribunal determined this was unfair dismissal, though not discriminatory as it occurred after the end of the protected period.
The claimant was subjected to unfavourable treatment because of her pregnancy during the protected period. The tribunal found the claimant was subjected to pregnancy and maternity discrimination, awarding £12,000 for injury to feelings in the middle Vento band.
Facts
Miss Fish worked as an administrator for a property services company from July 2021 to November 2023. She was subjected to unfavourable treatment because of her pregnancy. Prior to the expiry of her additional maternity leave period, she intended to return part-time working 22.5 hours per week. However, the respondent terminated her employment without notice before she could return to work on 14 November 2023.
Decision
The tribunal entered a default judgment under Rule 21 as the respondent failed to present a response. The tribunal found the claimant was unfairly dismissed and subjected to pregnancy and maternity discrimination. She was awarded a basic award of £937.80, compensatory award of £13,384.88 (subject to the statutory cap), and £12,000 for injury to feelings in the middle Vento band, plus interest of £662.79. The total award was £26,985.47, subject to recoupment of benefits.
Practical note
Dismissing an employee when they attempt to return from maternity leave is automatic unfair dismissal, and employers who fail to respond to tribunal claims risk substantial default judgments including awards for injury to feelings in discrimination cases.
Award breakdown
Vento band: middle
Legal authorities cited
Statutes
Case details
- Case number
- 2412215/2023
- Decision date
- 6 September 2024
- Hearing type
- default judgment
- Hearing days
- 1
- Classification
- default
Respondent
- Sector
- real estate
- Represented
- No
Employment details
- Role
- administrator
- Service
- 2 years
Claimant representation
- Represented
- No