Mrs E Rooney v Your Friendly Local Ltd — 2023

Mrs Rooney had been employed as Pub Manager at The Colin from 3 May 2019 and lived in accommodation above the pub as part of her employment package. After she told Mr Chris Windle in February 2021 that she was pregnant, the tribunal found that no pregnancy risk assessment was carried out despite her asking for one, and that in August 2021, shortly before maternity leave started, she was presented with a new contract changing her pay from a fixed salary of £21,000 to £10 an hour without her agreement.

The tribunal found that the respondent then required her to move out of the accommodation in March 2022 while she was on maternity leave, and later made clear that she could not return to her previous House Manager role on her planned return date of 6 June 2022. It held that this conduct amounted to dismissal under section 95 ERA 1996, and that the reason or principal reason was pregnancy and maternity, so the dismissal was automatically unfair under section 99 ERA 1996. The tribunal rejected the respondent's submission that her employment had transferred to The Colin Kimberworth Ltd under TUPE, finding that she had been dismissed before the transfer on 13 July 2022.

On the discrimination claim, the tribunal upheld five acts under section 18 Equality Act 2010: failure to risk assess, the new contract, the move-out requirement, refusal to let her return to her role, and dismissal. It held that the earlier acts were part of a continuing act of discrimination ending with dismissal, and alternatively that time should be extended as just and equitable. The tribunal applied the continuing act approach from Hendricks and Lyfar and referred to Robertson when considering the limitation issue.

On remedy, the tribunal awarded a basic award of £1,212 and £350 for loss of statutory employment rights on the unfair dismissal claim, but it awarded the claimant's loss of earnings and related financial loss under the discrimination claim to avoid double recovery. It assessed net loss of earnings, deducted earnings from other work and benefits, and awarded £14,169.26 for financial loss, £20,000 for injury to feelings in the middle Vento band, and £3,592.79 interest. It also found she was entitled to 21 days' holiday pay at £67.60 net per day, making £1,419.60, and the total award was £40,743.65.