Case 1303265/2023 · Employment Tribunal
Mr K Aggrey-Orleans (Counsel) For the v Mr R Ennis (Solicitor) — 2024
- Case reference
- 1303265/2023
- Decision date
- 4 April 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Hussain
- Panel members
- Mrs M D Rance, Mr M Pitt
Parties
2 namedClaimant
Mr K Aggrey-Orleans (Counsel) For the
Respondent
Key findings
Tribunal's reasoningThe claimant was employed as a Complex Care Co-ordinator and was dismissed on 6 January 2023. The respondent said the reason was poor performance. The tribunal found that performance concerns existed from at least May 2022, and that verbal and final written warnings were given before the managing director was aware of the claimant's pregnancy.
The tribunal accepted that aspects of the process lacked due process and that some language or shouting may have been unacceptable. It found, however, that the dismissal, suspension, investigation steps, rebukes, and alleged exclusion from meetings were because of performance concerns or were otherwise unrelated to pregnancy.
The tribunal also found that the alleged sex-related comments were not made with the prohibited purpose and did not reasonably have the prohibited effect. All claims were dismissed.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal described this as automatic unfair dismissal under section 99 ERA and regulation 20 MPLR, and dismissed it because the claimant had not proved that the reason for dismissal was pregnancy related. | Dismissed | — | — |
| Pregnancy and maternity discrimination | The tribunal dismissed complaints of pregnancy discrimination under section 39 Equality Act 2010 and unfavourable treatment/detriment claims under section 47C ERA and regulation 19 MPLR. | Dismissed | Pregnancy and maternity | — |
| Harassment | The tribunal allowed the amendment to include harassment related to sex, then dismissed the harassment complaint under section 40 Equality Act 2010. | Dismissed | Sex | — |
Legal tests applied
11 references- Section 99(1) Employment Rights Act 1996
- Section 99(3) Employment Rights Act 1996
- Regulation 20 Maternity and Parental Leave Regulations 1999
- Section 18 Equality Act 2010
- Section 47C Employment Rights Act 1996
- Regulation 19 Maternity and Parental Leave Regulations 1999
- Section 26(1) Equality Act 2010
- Section 39 Equality Act 2010
- Section 40 Equality Act 2010
- Section 120 Equality Act 2010
- Section 108(1) Employment Rights Act 1996
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.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.