Mr M Foster (Solicitor) For the v West Country Inns Ltd — 2020

At Ashford on 17 February 2020, Employment Judge Morton gave a Rule 21 judgment with no appearance for the respondent. The tribunal found that Ms C Payne was an employee, not a self-employed contractor, and that her employment transferred to West Country Inns Limited on or around 30 August 2018 under TUPE on her existing terms and conditions. It held that she succeeded in claims of automatic unfair dismissal, pregnancy and maternity discrimination, breach of contract, unlawful deduction from wages, and failure to give written particulars of employment.

The tribunal found that the claimant had taken adequate steps to mitigate her losses. It awarded £15,000 for injury to feelings for pregnancy discrimination. It also awarded £970.90 for 12 weeks’ loss of earnings at £80.91 per week from 1 September 2018 to 25 November 2018, and £7,000 for loss of past and future earnings from the end of the maternity allowance period on 10 August 2019 to three months after the hearing, after crediting approximately £500 earned during that period.

Further awards were £196.32 for one week’s notice at the claimant’s contractual rate of pay before the transfer, £236.19 for accrued but unpaid holiday, and £785.28 for four weeks’ pay for the failure to give written particulars of employment. The total payable was £24,188.69. The claimant’s application for costs was refused because costs are compensatory rather than punitive and the tribunal was not satisfied that the respondent’s failure to respond had increased the claimant’s costs.