Ms S Davy v Arcadia Group Ltd — 2023

The tribunal found that Ms S Davy was automatically unfairly dismissed because the reason or principal reason for dismissal was redundancy and regulation 10 of the Maternity & Parental Leave etc Regulations 1999 had not been complied with, as required by regulation 20(1)(b). It also found that she was automatically unfairly dismissed under section 99 of the Employment Rights Act 1996 because the principal reason for dismissal related to pregnancy and maternity.

On the discrimination claims, the tribunal upheld direct discrimination because of pregnancy and/or maternity under sections 18 and 13 of the Equality Act 2010. It found that during pregnancy the respondent removed the claimant's responsibilities, and during maternity leave it subjected her to a pre-determined redundancy selection process, gave short notice of consultation meetings, used an interview as a means of selecting her for redundancy, asked questions at the 8 September 2020 interview that were deliberately designed to disadvantage her as someone who had been on maternity leave since December 2019, and then made her redundant.

The tribunal held it had jurisdiction to consider the pregnancy and maternity discrimination allegations because the conduct was found to extend over a period and the claim was presented in time after that period ended. The claimant's direct sex discrimination claim was dismissed. In remedy, the tribunal awarded £22,000 for injury to feelings, £26,807 for loss arising from the discrimination, £3,742 interest on the injury to feelings award, and £2,280 interest on the losses award.

No additional award was made for unfair dismissal because the claimant had already received a statutory redundancy payment and the losses had been awarded in relation to the discrimination found.