Case 1302355/2021 · Employment Tribunal
Mrs S Dave (Kacha) v CU Recruitment and Admissions Limited Heard: by Cloud Video Platform (Midlands West) — 2022
- Case reference
- 1302355/2021
- Decision date
- 15 November 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Faulkner
- Panel members
- Ms L Clark, Mr R White
Parties
2 namedClaimant
Mrs S Dave (Kacha)
Key findings
Tribunal's reasoningAt a remote hearing before Employment Judge Faulkner, sitting with Ms L Clark and Mr R White, the Tribunal held that CU Recruitment and Admissions Limited contravened section 39 of the Equality Act 2010 by discriminating against Mrs S Dave (Kacha) because of illness suffered as a result of pregnancy. The upheld complaints were the failure to respond to enquiries about a check-in meeting for the 2019/2020 performance review up to and including 23 October 2020, and the failure to hold a final check-in meeting by 24 November 2020. The Tribunal accepted that those complaints were brought within such further period after expiry of the statutory time limit as was just and equitable.
The Tribunal dismissed the complaints concerning the period before maternity leave began on 1 February 2021. Those allegations were that the Respondent failed to give a check-in meeting for performance development review and/or maternity leave purposes, that this led the Claimant to send an email on 28 January 2021 setting out information she would otherwise have discussed, and that the Respondent failed to tell her on 29 January 2021 that her January 2021 performance review had been completed and rated 'meeting requirements'. The Tribunal held that those complaints were not presented within such further period after expiry of the statutory time limit as it thought just and equitable.
The Tribunal also dismissed the remaining pregnancy- or maternity-related allegations in paragraph 3 of the judgment, which were framed as unfavourable treatment because of illness suffered as a result of pregnancy, because of pregnancy, or because the Claimant was exercising or sought to exercise the right to ordinary or additional maternity leave. Race discrimination claims were also dismissed: the Tribunal found no contravention of section 39 because of race, and no discriminatory application of the Respondent's no-detriment pay policy. Remedy for the upheld complaints was left to a separate hearing.
Claims and outcomes
5 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Pregnancy and maternity discrimination | Paragraph 1: the Tribunal held the Respondent contravened section 39 Equality Act 2010 by discriminating against the Claimant because of illness suffered as a result of pregnancy, in failing to respond to enquiries about a check-in meeting for the 2019/2020 performance review up to and including 23 October 2020 and in failing to hold a final check-in meeting by 24 November 2020. The Tribunal found those complaints were presented within such further period after expiry of the statutory time limit as was just and equitable. | Upheld | Pregnancy and maternity | — |
| Pregnancy and maternity discrimination | Paragraph 2: the allegations that the Respondent failed to give a check-in meeting for performance development review and/or maternity leave purposes before maternity leave began on 1 February 2021, that the Claimant therefore sent an email on 28 January 2021, and that the Respondent failed to inform her on 29 January 2021 that her January 2021 performance review had been completed and rated 'meeting requirements' were dismissed because they were not brought within such further period after expiry of the statutory time limit as the Tribunal thought just and equitable. | Dismissed | Pregnancy and maternity | — |
| Pregnancy and maternity discrimination | Paragraph 3: the Tribunal dismissed the remaining complaints that the Respondent discriminated against the Claimant because of illness suffered as a result of pregnancy, because of pregnancy, or because she was exercising or sought to exercise the right to ordinary or additional maternity leave, by treating her unfavourably in the other respects alleged. |
Legal tests applied
2 references- section 39 Equality Act 2010
- just and equitable time limit extension
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.
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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