Case 1802169/2019 · Employment Tribunal
Ms K Birley v Wonderland Nurseries Ltd This has been a remote hearing, by cloud video platform (V): A hearing in person was not practicable because of the present restrictions due to Covid 19. — 2020
- Case reference
- 1802169/2019
- Decision date
- 23 September 2020
- Jurisdiction
- England & Wales
- Venue
- Leeds
- Panel members
- Mr Q Shah, Mrs Arshad-Mather
Parties
2 namedKey findings
Tribunal's reasoningThe tribunal unanimously held that Ms K Birley was unfairly dismissed for reasons relating to pregnancy, and that she was unfavourably treated because of reasons relating to her pregnancy and pregnancy illness. It also held that she was wrongfully dismissed. No additional award was made for unfair dismissal.
The tribunal rejected the complaints that the respondent's handling of the investigation and appeal process amounted to detriments because of pregnancy or maternity. It dismissed the claim for unauthorised deductions from wages as a duplication of the breach of contract claim, and dismissed the respondent's contract claim.
On remedy, the tribunal awarded £990 damages for one month's wrongful dismissal, from 6 February 2019 to 6 March 2019. It awarded £15,168.95 compensation for unlawful discrimination, comprising £8,995.87 for loss of earnings and maternity pay, £5,000 for injury to feelings, £539.75 interest on the loss-of-earnings element, and £633.33 interest on the injury-to-feelings element. It also applied a 15% ACAS uplift of £2,423.84 on £16,158.95, producing a total award of £18,582.79.
Claims and outcomes
6 findings recordedThis 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 |
|---|---|---|---|---|
| Unfair dismissal | Held unfairly dismissed for reasons relating to pregnancy; no additional award was made for unfair dismissal. | Upheld | — | — |
| Pregnancy and maternity discrimination | Unfavourable treatment because of her pregnancy and pregnancy illness; compensation for unlawful discrimination was awarded. | Upheld | Pregnancy and maternity | £15,169 |
| Pregnancy and maternity discrimination | Dismissed complaints about alleged detriments in the investigation and appeal process said to be because of pregnancy or maternity. | Dismissed | Pregnancy and maternity | — |
| Wrongful dismissal | Damages of £990 were awarded for one month's notice period, from 6 February 2019 to 6 March 2019. | Upheld | — | £990 |
| Unlawful deduction from wages | Dismissed as a duplication of the breach of contract claim. | Dismissed | — | — |
| Breach of contract | Respondent's contract claim was dismissed. |
Remedy
Monetary award- Total award
- £18,583
- across all upheld claims
- Compensatory award
- £8,996
- compensatory remedy recorded
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.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.