In person v Gallaghers of Yorkshire Limited (in voluntary liquidation) — 2019

The tribunal found that Mrs Gage’s dismissal on 18 October 2018 was unfavourable treatment because she was exercising the right to maternity leave, and held that this amounted to a discriminatory dismissal contrary to Equality Act 2010 section 18. The case had already involved a prior finding that her employment had transferred to Gallaghers of Yorkshire Limited under TUPE and that she had been dismissed by that company on 18 October 2018.

There was no attendance or evidence from the respondent, which was in voluntary creditor’s liquidation. In that absence, the tribunal inferred from the claimant’s witness statement that if she had not been on maternity leave, and so “invisible”, she would not have been dismissed. In the alternative, it inferred that her maternity leave and the possibility of her returning on a part-time basis were factors in the dismissal.

On remedy, the tribunal assessed injury to feelings by reference to the claimant’s evidence that the dismissal caused significant emotional distress and took time away from her recently born child. It awarded £10,000 for injury to feelings. The tribunal also found that the claimant had suffered financial loss because the dismissal prevented her from returning to work at the end of her maternity leave.

The tribunal did not quantify loss of earnings at that stage. It noted that any further employment would likely have ended when the respondent ceased trading, that the claimant had not produced a calculation, and that recovery of even the award made to date was likely to be difficult. Determination of loss of earnings was therefore stayed generally, with liberty to apply in writing if the claimant wished the tribunal to deal with that issue later.