Case 1805532/2023 · Employment Tribunal
Miss Brooke-Ward, counsel For the v Mr A Farooq, lay representative (Litigation Consultant) — 2025
- Case reference
- 1805532/2023
- Decision date
- 23 July 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge James Representation
Parties
2 namedClaimant
Miss Brooke-Ward, counsel For the
Key findings
Tribunal's reasoningThe tribunal found that the claimant's employment transferred from the first respondent to the third respondent on or before 5 September 2023 under Regulation 4 TUPE 2006. On that basis, all claims against the first respondent were dismissed. It rejected the claim for automatic unfair dismissal because of a transfer and the claim for ordinary unfair dismissal, but upheld the automatic unfair dismissal claim because of pregnancy/maternity under section 99 Employment Rights Act 1996 against the third respondent. It also found that the claimant was wrongfully dismissed by the third respondent on 6 September 2023 and was entitled to one month's notice.
Under section 18 Equality Act 2010, the tribunal upheld pregnancy and maternity discrimination claims against the second and third respondents arising from the 6 September 2023 email accusing the claimant of abusing her position to obtain sufficient service to claim statutory maternity pay, and from the failure to pay maternity pay from July 2023 onwards. It also upheld the discrimination claim based on the dismissal on 6 September 2023, but dismissed the complaint that the respondents decided not to transfer the claimant to the third respondent.
Remedy consisted of a basic award of £435.77 for the section 99 dismissal, £14,180 for net financial losses from the pregnancy-related unfavourable treatment, £7,500 injury to feelings for the pre-dismissal treatment and £15,000 injury to feelings for the dismissal itself, £423.08 for one week's holiday pay withheld in June and July 2023, and £905.63 for accrued holiday pay on termination. Interest of £1,053 was awarded on the financial losses and £3,375 on the injury to feelings award. The total award against the third respondent was £42,872.48 and against the second respondent £41,108, with joint and several liability for the sums ordered against both. The tribunal recorded that, on its assumption, the dismissal-related financial losses, basic award and injury to feelings were below the £30,000 tax-free limit, with liberty to apply if grossing up was needed.
Claims and outcomes
9 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 | Automatic unfair dismissal because of a transfer under Regulation 7 TUPE 2006; the tribunal found the claimant's employment transferred to the third respondent on or before 5 September 2023 and dismissed the claims against the first respondent. | Dismissed | — | — |
| Unfair dismissal | Automatic unfair dismissal because of pregnancy/maternity under section 99 Employment Rights Act 1996; upheld against the third respondent. The basic award was £435.77 and the tribunal said no further compensation for financial loss was due under this dismissal claim. | Upheld | — | £436 |
| Unfair dismissal | Ordinary unfair dismissal under section 94 Employment Rights Act 1996 was not upheld and was dismissed. | Dismissed | — | — |
| Pregnancy and maternity discrimination | Pregnancy and maternity discrimination under section 18 Equality Act 2010 in relation to the 6 September 2023 email and the failure to pay maternity pay from July 2023 onwards. The tribunal awarded £14,180 for net financial losses and £7,500 for injury to feelings for this pre-dismissal treatment. | Upheld | Pregnancy and maternity | £21,680 |
| Pregnancy and maternity discrimination | Pregnancy and maternity discrimination under section 18 Equality Act 2010 in relation to the dismissal on 6 September 2023. The tribunal awarded £15,000 for injury to feelings. |
Remedy
Monetary award- Total award
- £42,872
- across all upheld claims
- Basic award
- £436
- statutory, unfair dismissal
- Compensatory award
- £14,180
- compensatory remedy recorded
Legal tests applied
5 references- Regulation 4 TUPE 2006
- Regulation 7 TUPE 2006
- s.94 Employment Rights Act 1996
- s.99 Employment Rights Act 1996
- s.18 Equality Act 2010
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.
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