In person v Mrs Ogbonson, owner — 2020

Miss Bright alleged that UK Bowling Services Ltd treated her unfavourably because of pregnancy or pregnancy-related illness and also victimised her after she said she intended to bring a tribunal claim. Applying the section 136 EqA burden shift, the tribunal found that no pregnancy risk assessment was completed and that, on one occasion, Miss Bright was put at a disadvantage when she was expected to move tables and chairs after a children's party. The judgment also records that allegation 3.1.2.3 was withdrawn.

The tribunal rejected several other alleged detriments. It did not find that Mr Johnson's manner when she handed in a sick note was motivated by pregnancy, accepted that the company applied its rest-break practice to all staff, and found that Mr Algar's comments were not made because of pregnancy but because he thought Miss Bright was work-shy in general. The separate victimisation allegation about late payment of wages failed because the tribunal accepted that Mrs Ogbonson had instructed the bank transfer and had not decided to withhold or delay payment.

On dismissal, the tribunal rejected the redundancy explanation advanced by the respondent. It found there was no documentary evidence that trade in 2019 had fallen more than in previous years, and it regarded the evidence about the reason for dismissal as confusing and inconsistent. It concluded that the respondent had not shown that pregnancy or pregnancy-related illness played no part in the decision to dismiss Miss Bright, and the dismissal claim therefore succeeded. The tribunal assessed loss of earnings at about £700 to the date she would have gone on maternity leave on 12 August 2019, awarded £2,000 for injury to feelings in the lower Vento band, and awarded interest; para 57 calculates interest on loss of earnings at £37.69, although para 58 refers to £39.69, and the total compensation stated is £2,860.76.