Case 1301057/2022 · Employment Tribunal
Ms Sadia Shakil v Samsons Limited — 2023
- Case reference
- 1301057/2022
- Decision date
- 18 April 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Mensah Date
- Venue
- Birmingham West
- Panel members
- Ms S Campbell, Ms Helen Russell
Parties
2 namedClaimant
Ms Sadia Shakil
Respondent
Key findings
Tribunal's reasoningThe tribunal found that Ms Shakil had been reduced to part-time work from 01.04.2021 until the end of her employment, and that this amounted to less favourable treatment on the grounds of pregnancy or pregnancy-related illness. It accepted that, but for that treatment, she would have remained in her full-time role until maternity leave commenced on 02.10.2021. The tribunal also recorded that she had already been paid maternity leave directly from HMRC, but on the basis of a part-time wage.
On remedy, the tribunal awarded £1,280.31 net pay for 01.04.2021 to 09.10.2021, made up of £853.04 agreed and £427.27 found, together with £5,000 for injury to feelings. It also declared that she was entitled to maternity pay through the respondent from 02.10.2021 for the full 39 weeks on the basis of her full salary of £28,000 per annum, in addition to the sums above. The monetary awards under the judgment totalled £9,011.25.
The tribunal further upheld the claimant's two months' notice pay claim and awarded £1,484.94. It awarded holiday pay of £298.00 for 01.04.2021 to 09.05.2021 and £948.00 for 10.05.2021 to 01.10.2021, and it said that the carried-over 2020 holiday entitlement claim was made out but had in fact been taken and paid in 2021.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Pregnancy and maternity discrimination | The tribunal found that the respondent reduced the claimant to part-time work from 01.04.2021 until the end of employment, which it held was less favourable treatment on grounds of pregnancy or pregnancy-related illness. It awarded £1,280.31 net pay for 01.04.2021 to 09.10.2021, made up of £853.04 agreed and £427.27 found, and £5,000 for injury to feelings. The tribunal also declared entitlement to maternity pay from 02.10.2021 for 39 weeks on full pay of £28,000 per annum, in addition to the monetary awards. | Upheld | Pregnancy and maternity | £6,280 |
| Breach of contract | Two months' notice pay was awarded, in the amount agreed by the claimant. | Upheld | — | £1,485 |
| Holiday pay | Holiday pay accrued and untaken was awarded for two periods: £298.00 for 01.04.2021 to 09.05.2021 and £948.00 for 10.05.2021 to 01.10.2021. | Upheld | — | £1,246 |
| Holiday pay | The claim for carried-over holiday entitlement from 2020 was made out, but the tribunal found that it had been taken and paid in 2021, so no separate additional sum was awarded. | Upheld | — | — |
Remedy
Monetary award- Total award
- £9,011
- across all upheld claims
- Compensatory award
- £4,011
- compensatory remedy recorded
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
- Open official judgment 1 PDF on gov.uk
- Open official judgment 2 PDF on gov.uk
- Open official judgment 3 PDF on gov.uk
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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