Claimant v Our Retail Limited

The tribunal found the respondent discriminated against the claimant because of her pregnancy contrary to s39(2) and s18 Equality Act 2010. This was a Rule 21 default judgment where the respondent failed to file a response or attend the hearing, and the tribunal was satisfied the claim was properly brought within time limits.

The tribunal found the claimant was automatically unfairly dismissed contrary to s99 Employment Rights Act 1996, which protects employees dismissed for pregnancy-related reasons. The claimant only had 2 months' service but the usual 2-year qualifying period does not apply to automatically unfair dismissals. Losses were compensated within the discrimination award.

The tribunal found the respondent dismissed the claimant without providing adequate notice contrary to s86 Employment Rights Act 1996. This constituted a breach of contract. The loss arising from this failure to provide notice was already compensated within the discrimination compensatory award.

The tribunal found the respondent failed to pay the claimant's accrued but untaken holiday entitlement. At the time of dismissal, the claimant had accrued 2.8 days of holiday which had not been paid, valued at £242.00.

The tribunal found the respondent failed to provide the claimant with a written statement of employment particulars contrary to s1 Employment Rights Act 1996, for which the tribunal awarded 4 weeks' gross pay totaling £1,075.40 as a penalty.

The tribunal found the respondent failed to provide written reasons for dismissal contrary to s92 Employment Rights Act 1996, for which the tribunal awarded 2 weeks' gross pay totaling £537.70 as compensation.