Storm Botha v White Lake Cheeses Ltd — 2023

The Claimant, an assistant cheesemaker who later worked in marketing and administration, went off sick on 5 October 2021, suffered a miscarriage on 19 November 2021 and was dismissed on 13 December 2021 with effect from 19 December 2021. The Tribunal found that on 21 September 2021 Mr Longman, the Managing Director, told her she would have to return to her cheesemaker role at a reduced rate of £9.50 per hour rather than £11, and that this and subsequent treatment, including the dismissal, were because of her pregnancy or pregnancy-related illness. The Tribunal characterised Mr Longman's conduct as impulsive, erratic and inaccurate rather than malicious in some respects, but found the treatment after the grievance to amount to victimisation.

The Tribunal upheld claims of pregnancy discrimination under section 18 of the Equality Act 2010, pregnancy-related detriment under section 47C of the Employment Rights Act 1996, victimisation under section 27 of the Equality Act 2010, and automatically unfair dismissal for a reason connected with pregnancy. In the alternative, a sex discrimination claim was upheld in respect of the persistent correspondence and dismissal during the Claimant's pregnancy-related sickness absence. The grievance and grievance appeal were accepted as protected acts and the failure to engage with the appeal reasonably, impartially and fairly was found to be victimisation.

The claims of protected disclosure detriment and dismissal under sections 47B and 103A of the Employment Rights Act 1996, automatically unfair dismissal on health and safety grounds under section 100, and the complaint about the written statement of employment particulars were all dismissed. The wrongful dismissal claim had previously been dismissed on withdrawal, and ordinary unfair dismissal was not within jurisdiction because the Claimant lacked two years' service. Remedy was not quantified in the liability judgment.