Case 1305646/2018 · Employment Tribunal
Mrs M Czerwinska v Mr A Mohamed and 1 other — 2019
- Case reference
- 1305646/2018
- Decision date
- 28 August 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Lloyd Members
- Venue
- Birmingham
- Panel members
- Mrs K M Daniels, Mr P A Kennedy
Parties
3 namedClaimant
Mrs M Czerwinska
Respondents
Key findings
Tribunal's reasoningThe tribunal, sitting in Birmingham on 28 August 2019, unanimously held that Mrs Czerwinska was dismissed and that the dismissal was unfair under s.99 Employment Rights Act 1996 because it was on grounds of pregnancy, childbirth or maternity. It also held that the same facts amounted to discrimination under s.13 and s.18 Equality Act 2010.
The claimant also succeeded in her breach of contract claim for notice pay and in her claim for holiday pay. The tribunal recorded that the respondents, Mr A Mohamed and Magdalenka Ari Limited, were jointly and severally liable.
On remedy, the tribunal awarded a basic award of £873.60, notice pay of £499.20, holiday pay of £678.88, loss of statutory rights of £508.00, and £3,000.00 for injury to feelings, making total compensation of £5,559.68. It also recorded that the recoupment regulations did not apply.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal held that the claimant was dismissed and that the dismissal was unfair, contrary to s.99 Employment Rights Act 1996, on grounds of pregnancy, childbirth or maternity. | Upheld | — | £874 |
| Pregnancy and maternity discrimination | The tribunal found discrimination under s.13 and s.18 Equality Act 2010 on the same grounds of pregnancy, childbirth or maternity. | Upheld | Pregnancy and maternity | £3,000 |
| Breach of contract | The claimant succeeded in her breach of contract claim for notice pay. | Upheld | — | £499 |
| Holiday pay | The claimant succeeded in her holiday pay claim. | Upheld | — | £679 |
Remedy
Monetary award- Total award
- £5,560
- across all upheld claims
- Basic award
- £874
- statutory, unfair dismissal
- Compensatory award
- £1,686
- compensatory remedy recorded
Legal tests applied
3 references- s.99 Employment Rights Act 1996
- s.13 Equality Act 2010
- s.18 Equality Act 2010
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.