Cases8000512/2023

Claimant v AHRO Scientific Publishing Ltd

6 June 2024Before Employment Judge L MurphyScotlandin person

Outcome

Claimant succeeds£21,682

Individual claims

Unlawful Deduction from Wagessucceeded

R1 failed to pay C for August 2023 (£2,666.66) and for 22 days in September 2023 (£1,955.58). These sums were properly payable. No contractual or statutory basis for withholding payment was advanced. The tribunal found unauthorised deductions totalling £4,622.24 gross.

Holiday Paysucceeded

C had 12.5 days' accrued untaken annual leave at termination. R1 made no payment in lieu. Under Reg 14 Working Time Regulations 1998, this is enforceable as an unauthorised deduction from wages. Award: £1,111.13 gross.

Breach of Contractsucceeded

C's contract entitled her to one month's written notice. R1 dismissed her on 22 September 2023 without any notice or payment in lieu. This was a breach of contract. C mitigated her losses by securing new employment from 31 October 2023. Damages awarded: one month's net pay (£2,062.89).

Discrimination Arising from Disability (s.15)(pregnancy)succeeded

C notified R2 (acting for R1) of her pregnancy at end of August 2023. Shortly thereafter, R2's communications and eventual dismissal on 22 September occurred. C had been praised for her performance and considered for directorship before disclosure. The tribunal found C's dismissal was unfavourable treatment in the protected period because of her pregnancy under s.18 Equality Act 2010. R2 did not respond to C's assertion that pregnancy influenced the decision. The respondents did not attend or adduce evidence to show the dismissal was in no sense because of pregnancy. The burden shifted and R1/R2 failed to discharge it. R2 was found personally liable under s.110 EA as he acted as agent for R1 with authority.

Facts

C was employed by R1 as HR Executive from 28 February 2023 on £32,000 per annum. She passed probation and was praised for her performance, including work on securing care agency certification. In late August 2023 she notified R2 (R1's manager and majority shareholder) of her pregnancy. Shortly after, R2 sent ambiguous emails about redundancies due to financial difficulties. C was not paid for August or September 2023. On 22 September 2023, R2 requested return of her office key via WhatsApp and responded with laughing emojis when she said she'd wait for new management to contact her. C understood this as dismissal. Neither respondent attended the final hearing.

Decision

The tribunal found C was dismissed on 22 September 2023 based on the cumulative effect of R2's communications, particularly the key request and mocking emojis. R1 breached contract by failing to give one month's notice and made unauthorised deductions from wages (unpaid salary and holiday pay). The tribunal found C's dismissal was unfavourable treatment because of her pregnancy under s.18 EA. The burden shifted to respondents who failed to prove the dismissal was unconnected to pregnancy. R2 was personally liable under s.110 EA as R1's agent. Awards totalled £21,681.99 including injury to feelings (lower Vento band), financial losses, and interest.

Practical note

Where dismissal follows shortly after pregnancy notification, and the employer fails to attend tribunal or provide non-discriminatory explanation, pregnancy discrimination will be found even in context of genuine redundancy situation affecting other staff.

Award breakdown

Injury to feelings£10,552
Notice pay£2,063
Holiday pay£1,111
Arrears of pay£4,622
Interest£643

Vento band: lower

Award equivalent: 35.2 weeks' gross pay

Legal authorities cited

Martin v Glynwed Distribution Ltd [1983] IRLR 198Madarassy v Nomura International Plc [2007] ICR 867Vento v Chief Constable of West Yorkshire Police [2003] ICR 318Hewage v Grampian Health Board [2012] UKSC 37Igen v Wong [2005] ICR 931O'Neill v Governors of St Thomas More RCVA Upper School [1996] IRLR 372Gisda Cyf v Barratt [2010] IRLR 1073

Statutes

Equality Act 2010 s.109Equality Act 2010 s.18Working Time Regulations 1998 Reg 14ERA 1996 s.13Equality Act 2010 s.136Equality Act 2010 s.110

Case details

Case number
8000512/2023
Decision date
6 June 2024
Hearing type
full merits
Hearing days
2
Classification
contested

Respondent

Sector
education
Represented
No

Employment details

Role
HR Executive
Salary band
£30,000–£40,000
Service
7 months

Claimant representation

Represented
No