Miss S Keogh v The Old School House Day Nursery Limited (in liquidation) and 1 other — 2022

Miss S Keogh was employed by The Old School House Day Nursery Ltd from 25 February 2019 as an apprentice nursery nurse. She told the nursery that she was pregnant on 29 March 2019. The first respondent later went into liquidation and did not take part in the hearing. The tribunal heard the pregnancy discrimination claim under section 18 Equality Act 2010 and the antenatal appointment claim under sections 55 and 57 Employment Rights Act 1996, together with limitation arguments.

The tribunal found that a generic risk assessment for expectant mothers was already in place and that a specific assessment for the claimant was completed on 24 May 2019. It rejected the allegations that the respondent failed to complete risk assessments promptly, that the disciplinary process was because of pregnancy, and that the dismissal was because of pregnancy. It accepted, however, that on 9 April, 15 May and 23 May 2019 the claimant had antenatal appointments during working hours, and that the first respondent failed to allow paid time off for them by recording the days as annual leave or as not required.

On limitation, the tribunal held that the claims were out of time on their face, but it extended time. It found that the claimant's serious illness in August 2019, together with the late stage of her pregnancy, meant it had not been reasonably practicable to present the ERA complaint in time, and that it was then brought within a further reasonable period. For the Equality Act claim, it held that it was just and equitable to extend time.

Remedy was limited. The tribunal awarded £35.10 for the unpaid antenatal appointment time, calculated by allowing three hours per appointment at the claimant's hourly rate of £3.90. It also awarded £1,000 for injury to feelings, assessed at the lower end of the Vento band. The total award was £1,035.10 against The Old School House Day Nursery Ltd only.