Case 1601886/2019 · Employment Tribunal
Ms R Bancroft v Spin Restaurants Limited — 2021
- Case reference
- 1601886/2019
- Decision date
- 17 May 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge R Harfield Members
- Panel members
- Mr M Lewis, Ms S Atkinson
Parties
2 namedClaimant
Ms R Bancroft
Respondent
Key findings
Tribunal's reasoningMs R Bancroft brought complaints of maternity and pregnancy discrimination and indirect sex discrimination against Spin Restaurants Limited, together with a claim for unauthorised deduction from wages. The tribunal dismissed the discrimination complaints, holding that they were not well founded.
On the wages complaint, the tribunal found that the claimant had suffered an unauthorised deduction in relation to shifts she was not initially paid for in the first two weeks after returning from maternity leave. It made a declaration to that effect, but did not award repayment of the withheld wages because those wages were subsequently paid to the claimant. The tribunal did, however, award £494.46 for the claimant's subsequent loss of sick pay, which it treated as financial loss attributable to the original deduction.
The tribunal also found that the respondent had failed to provide the claimant with a written statement of her terms and conditions of employment before she presented her claim. Under section 38 of the Employment Act, it awarded an additional two weeks' gross pay of £260. The total sum payable was £754.46.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Pregnancy and maternity discrimination | Recorded from the judgment. | Dismissed | Pregnancy and maternity | — |
| Sex discrimination | The judgment describes this as indirect sex discrimination and dismisses it as not well founded. | Dismissed | Sex | — |
| Unlawful deduction from wages | The tribunal found an unauthorised deduction from wages for shifts not initially paid in the first two weeks after the claimant returned from maternity leave. It made a declaration but did not order reimbursement of the deducted wages because they were later paid; the award was for consequential loss of sick pay. | Upheld | — | £494 |
| Other | Section 38 of the Employment Act 2002: the respondent failed to provide a statement of terms and conditions of employment before the claimant presented her claim, and the tribunal awarded two weeks' gross pay. | Upheld | — | £260 |
Remedy
Monetary award- Total award
- £754
- across all upheld claims
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.
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