Case 2216903/2023 · Employment Tribunal
In person, assisted by her husband Mr. S. Bizzotto For v Respondent — 2024
- Case reference
- 2216903/2023
- Decision date
- 29 May 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Tribunal Member
- Panel members
- H. Craik, S. Hearn
Parties
1 namedClaimant
In person, assisted by her husband Mr. S. Bizzotto For
Respondent
- —
Key findings
Tribunal's reasoningThe claimant worked as a nanny for the respondent from 9 September 2021 until 20 August 2023. She brought claims of automatic unfair dismissal, direct sex discrimination, pregnancy and maternity discrimination, holiday pay and breach of contract. The tribunal found that the reason for dismissal was redundancy as the family no longer required a nanny, not that the claimant was on maternity leave, so the automatic unfair dismissal complaint under s.99 ERA 1996 was not well-founded.
The tribunal upheld one element of the pregnancy and maternity discrimination claim under s.18 Equality Act 2010, namely the failure to pay the claimant for time spent at ante-natal appointments. The tribunal found this was more than an isolated incident as it continued over a period and was only remedied after the claimant approached ACAS. All other pregnancy and maternity allegations (failure to respond to emails, failure to pay pregnancy-related sickness, dismissal) and the direct sex discrimination claims were dismissed, as was the holiday pay complaint.
The tribunal also found that the respondent breached the contract by failing to reimburse Ofsted registration costs, the parties having agreed prior to entering the contract that the claimant would register if the respondent covered the costs. The tribunal awarded £191.75 as damages for breach of contract and £3,500 as compensation for injury to feelings at the lower end of the lowest Vento band, applying the bands applicable to claims presented on or after 6 April 2023. No interest was awarded.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Automatic unfair dismissal under s.99 ERA 1996. Tribunal found the reason for dismissal was redundancy (family no longer required a nanny), not the claimant being on maternity leave. Complaint not well-founded. | Dismissed | — | — |
| Pregnancy and maternity discrimination | Upheld only in respect of failure to pay for ante-natal appointments under s.18 EqA 2010. Injury to feelings award of £3,500 at lower end of lowest Vento band. Remaining pregnancy/maternity discrimination allegations (failure to respond to emails, failure to pay pregnancy-related sickness, dismissal) dismissed. | Upheld | Pregnancy and maternity | £3,500 |
| Sex discrimination | Direct sex discrimination claim under s.13 EqA 2010 (ante-natal appointments, failure to respond to emails, dismissal) not well-founded and dismissed. | Dismissed | Sex | — |
| Holiday pay | Holiday pay complaint not well-founded and dismissed. | Dismissed | — | — |
| Breach of contract | Breach of contract in relation to Ofsted registration costs well-founded. Respondent ordered to pay £191.75 as damages. | Upheld | — | £192 |
Remedy
Monetary award- Total award
- £3,692
- across all upheld claims
Legal tests applied
4 references- section 99 Employment Rights Act 1996
- section 13 Equality Act 2010
- section 18 Equality Act 2010
- Vento v Chief Constable of West Yorkshire Police (No2) [2003] IRLR 102
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
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