Heather Todd v 1: Shaun Collins 2: 52 Street Events and 1 other — 2023

The claim was heard under rule 21 because no response had been entered, although Shaun Collins joined part of the hearing. The tribunal accepted Heather Todd's evidence as credible and found that she had worked for the business since 2003, had 19 years' unblemished service, and was on maternity leave from 1 May 2022. She had told Mr Collins that she intended to return to work on 30 January 2023, but she was never permitted to do so and was dismissed by email on 2 May 2023 for alleged gross misconduct.

On pay, the tribunal found a shortfall in statutory maternity pay of £635.41 and holiday pay due of £2,175.00, based on 229 hours of untaken holiday at £9.50 per hour. It also found that the claimant had not been given written particulars of employment and awarded compensation of 4 weeks' pay, assessed at £779. The judgment records that the claimant also had a notice-pay claim, and that she was wrongfully dismissed without notice or pay in lieu, but no separate notice-pay award was made because that loss was already included in the unfair dismissal compensation.

The tribunal upheld the pregnancy and maternity discrimination claim under section 18 Equality Act 2010. It found that Mr Collins repeatedly questioned the claimant's intention to return to work, delayed or underpaid maternity pay, dismissed her concerns as made up, and then dismissed her after she tried to assert her maternity rights. It held that these facts justified an inference that the treatment was because of pregnancy and maternity, and that the first and third respondents were jointly liable for the discriminatory treatment and dismissal.

The unfair dismissal claim also succeeded. The tribunal found there had been no disciplinary procedure, no proper investigation, no disclosure of allegations, and no appeal response, and it held there was no genuine or reasonable belief in gross misconduct. It concluded that the dismissal was outside the range of reasonable responses of a reasonable employer. For remedy, it awarded a basic award of £3,018.63, a compensatory award of £11,962, injury to feelings of £10,000, and interest of £1,061, then applied a 25% ACAS uplift of £7,094.01 to the awards under paragraphs 4.1, 4.2 and 4.3, producing a total award of £37,310.05. The tribunal considered but did not make a financial penalty order under section 12A of the Employment Tribunals Act 1996.