Case 2202944/2019 · Employment Tribunal
Mr T Mousis (Claimant’s husband) For the v No appearance or — 2019
- Case reference
- 2202944/2019
- Decision date
- 15 May 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Stout Representations
- Venue
- London Central
Parties
2 namedClaimant
Mr T Mousis (Claimant’s husband) For the
Respondent
Key findings
Tribunal's reasoningThe respondent did not enter a response and the matter proceeded under Rule 21. The tribunal was satisfied that service and notice had been given in accordance with the rules, while noting the respondent had entered creditors' voluntary liquidation before the claim was served. The claimant was employed as a Barista from 15 June 2017 until 15 May 2019.
The unfair dismissal claim was dismissed because the claimant had not completed two years' continuous employment by the effective date of termination. The unlawful deductions claim succeeded because the tribunal found the claimant was entitled under the 2018 contract to £9.50 per hour from the 30 November 2018 payroll, but was paid £9.00 per hour, resulting in a net unlawful deduction of £414.13.
The tribunal found the claimant was dismissed on 15 May 2019 during the protected period in relation to her pregnancy, and that pregnancy was at least a material part of the reason for the dismissal because there was no other explanation for it. It found pregnancy discrimination contrary to ss 18(2)(a) and 39(2)(c) Equality Act 2010, awarded £1,500 injury to feelings plus £68.71 interest, and made no loss of earnings award. The tribunal also found the claimant's written contract lacked required particulars about the employer and employment start date, so it added two weeks' pay of £661.80 under s 38 Employment Act 2002.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal found the claimant did not have two years' continuous employment by the effective date of termination, so the ordinary unfair dismissal claim failed under s 108(2) ERA 1996. | Dismissed | — | — |
| Unlawful deduction from wages | The tribunal found a series of deductions between 30 November 2018 and 31 May 2019 because the claimant was paid £9.00 per hour rather than the £9.50 per hour due under the 2018 contract. | Upheld | — | £414 |
| Pregnancy and maternity discrimination | The tribunal found the respondent contravened ss 18(2)(a) and 39(2)(c) Equality Act 2010 by dismissing the claimant on 15 May 2019 during the protected period in relation to her pregnancy. The award comprised £1,500 injury to feelings and £68.71 interest. | Upheld | Pregnancy and maternity | £1,569 |
| Other | The tribunal found the respondent had failed to provide a compliant statement of particulars of employment and increased the awards by two weeks' pay under s 38 Employment Act 2002. | Upheld | — | £662 |
Remedy
Monetary award- Total award
- £2,645
- across all upheld claims
Legal tests applied
18 references- Rule 21 of The Employment Tribunal Rules of Procedure 2013
- s 108(2) Employment Rights Act 1996
- ss 13 and 23 Employment Rights Act 1996
- s 27 Employment Rights Act 1996
- ss 18(2)(a) and 39(2)(c) Equality Act 2010
- reg 4 of The Maternity and Parental Leave etc Regulations 1999
- s 164 Social Security Contributions and Benefits Act 1992
- s 166 Social Security Contributions and Benefits Act 1992
- Chief Constable of West Yorkshire Police v Khan
- Nagarajan v London Regional Transport
- Villalba v Merrill Lynch & Co Inc
- s 136 Equality Act 2010
- Madarassy v Nomura International plc
- Wong v Igen Ltd
- Vento bands
- Employment Tribunals (Interest on Awards in Discrimination Cases) Regulations 1996
- s 38 Employment Act 2002
- Secretary of State for Employment v John Woodrow and Sons (Builders) Ltd
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.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.