Mr J. Dunkley, Solicitor v Churston Court Inn Ltd and others — 2023

The tribunal heard the claims after the respondents failed to present valid responses and did not attend. It extended time just and equitably for claim 1401037/2023 and proceeded under rules 21 and 47.

It upheld wrongful dismissal and awarded one week's notice pay of £350. It also upheld the separate claim for failure to provide a statement of terms under s.1 Employment Rights Act 1996, awarding four weeks' gross pay of £1,400 under s.38 Employment Act 2002.

On the pregnancy claim, the tribunal accepted evidence that after the claimant told the second respondent she was pregnant she was ignored compared with other employees, was not helped with lifting tasks, was told she was 'not that pregnant', was accused of 'taking the piss' about sickness absences, was called 'hormonal', had her hours varied after complaining, was told she was 'getting fat' in front of staff and customers, and received the 2 August 2022 text 'you're causing issues don't bother coming in'. It upheld the pregnancy discrimination claim under s.18(2) Equality Act 2010 and awarded £20,000 for injury to feelings, a 25% ACAS uplift of £5,000, and interest of £3,046.58, making £28,046.20 against the first respondent; the judgment also records contingent s.110 Equality Act 2010 awards of £5,000 plus interest against the second respondent and £15,000 plus interest against the third if the first respondent cannot or will not pay.

It separately upheld automatic unfair dismissal for pregnancy-related reasons under s.99 Employment Rights Act 1996. The tribunal recorded a basic award of £0.00 because the claimant had less than one year's service, and a compensatory award of £0.00 because she suffered no direct losses. The total payable by the first respondent was £29,796.20 within 14 days.