Case 2203201/2020 · Employment Tribunal
Mrs E Weekes 1st v 100 Clifton plc (in liquidation) 2nd Respondent: Mr J Downey 3rd Respondent: New LM Ltd (in liquidation) 4th Respondent: Mr R Weakley London Central: 6, 7, 8, 9 and 13 September and by CVP on 14 September 2021 — 2021
- Case reference
- 2203201/2020
- Decision date
- 14 September 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Nicolle Representation
Parties
2 namedKey findings
Tribunal's reasoningThe tribunal found that the claimant had transferred to the 3rd respondent under the Transfer of Undertakings (Protection of Employment) Regulations 2006 with effect from 1 January 2020. On that basis, all claims against the 1st respondent failed and were dismissed. All claims against the 2nd and 4th respondents also failed and were dismissed.
Against the 3rd respondent, the claims for constructive unfair dismissal and wrongful dismissal succeeded. The tribunal also upheld the claimant's unlawful deduction from wages claim for her 2019 bonus entitlement, which was due on or about 28 February 2020, and awarded the gross sum of £34,000. A further unlawful deduction from wages claim succeeded in respect of 12 days of untaken holiday, with a gross award of £4,615.38.
The remaining claims were dismissed. These included sex discrimination, pregnancy and maternity discrimination under section 18 of the Equality Act 2010, sex-related harassment under section 26, victimisation under section 27, automatic unfair dismissal under section 99 of the Employment Rights Act 1996 said to be connected with pregnancy and/or the claimant's impending statutory maternity leave, and a further unlawful deduction from wages claim for £5,833.33 in March 2020. The written record states that oral reasons were given on 14 September 2021.