Case 1405050/2023 · Employment Tribunal

Mrs K L Rogers v West Country Home Care Ltd and 1 other — 2024

Case reference: 1405050/2023
Decision date: 12 October 2024
Jurisdiction: England & Wales
Judge: Employment Judge Volkmer Tribunal
Venue: Bodmin
Panel members: Mrs Blake, Ms Clarke

Indexed: 17 May 2026

Parties

3 named

Claimant

Mrs K L Rogers

Respondents

Key findings

Tribunal's reasoning

The Tribunal found that the claimant's constructive unfair dismissal complaint was well founded and succeeded against the First Respondent. Several pregnancy and maternity discrimination complaints (items 3.1.1 to 3.1.3 of the List of Issues) succeeded against both the First and Second Respondents, while items 3.1.4 and 3.1.6 succeeded only against the First Respondent. The complaint at 3.1.4 against the Second Respondent, the complaint at 3.1.5, and the indirect sex discrimination complaint were not well founded and were dismissed. The complaint of victimisation succeeded against the First Respondent.

In terms of remedy, the First Respondent was ordered to pay a basic award of £2,059.60 and a compensatory award of £10,759.80 (totalling £13,909.48). The First and Second Respondents were held jointly and severally liable for an injury to feelings award of £13,909.48, comprising £12,000.00 plus £1,909.48 interest calculated at 8% for 726 days from the first discriminatory act of 1 October 2022. The schedule shows the compensatory award after adjustments includes £443.19 interest at 8% for 196 days.

The schedule records continuous service from 14 February 2017 to an Effective Date of Termination of 1 September 2023 (6 years), with a remedy hearing on 26 September 2024. Written reasons were not provided as reasons were given orally at the hearing. The summary totals in the schedule list £26,728.88 in aggregate (basic award, compensation award including statutory rights, and non-financial loss).

Claims and outcomes

6 findings recorded

This 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
Constructive dismissal	Constructive unfair dismissal complaint well founded and succeeds against the First Respondent. Remedy amount comprises basic award (£2,059.60) and compensatory award (£10,759.80).	Upheld	—	£12,819
Unfair dismissal	Recorded as the same constructive unfair dismissal complaint at paragraph 1 of the judgment; not separately quantified.	Upheld	—	—
Pregnancy and maternity discrimination	Complaints at 3.1.1 to 3.1.3 of the List of Issues succeed against First and Second Respondents; 3.1.4 and 3.1.6 succeed against the First Respondent. Injury to feelings award (£13,909.48 inclusive of interest) is jointly and severally payable by First and Second Respondents.	Upheld	Pregnancy and maternity	—
Pregnancy and maternity discrimination	Complaint at 3.1.4 against the Second Respondent and complaint at 3.1.5 are not well founded and are dismissed.	Dismissed	Pregnancy and maternity	—
Sex discrimination	Indirect sex discrimination complaint is not well-founded and is dismissed.	Dismissed	Sex	—

Remedy

Monetary award

Total award: £26,729; across all upheld claims
Basic award: £2,060; statutory, unfair dismissal
Compensatory award: £10,760; compensatory remedy recorded

Official outcome judgment PDF

Gov.uk primary record

The 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.

Open official judgment PDF on gov.uk

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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