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

The tribunal, sitting at Ashford before Employment Judge Morton and proceeding under Rule 21 because the respondent did not appear, found that Ms K Philpot was an employee and not a self-employed contractor. It also found that her employment transferred to West Country Inns Limited on or around 30 August 2018 under Regulation 4 of TUPE, with her existing terms and conditions transferred across.

The tribunal upheld automatic unfair dismissal and pregnancy and maternity discrimination. It also upheld breach of contract for underpaid wages and notice pay, unlawful deduction from wages for underpaid wages and holiday pay, and failure to give written particulars of employment.

On remedy, the tribunal awarded £15,000 for injury to feelings for pregnancy discrimination, £990 for 11 weeks' loss of earnings at £90 per week from 1 September 2018 to 15 November 2018, £166 for one week's notice pay, £220.03 for accrued but unpaid holiday, and £664 for failure to give written particulars. The written reasons state a total payable of £17,070.03, although the itemised figures in the text add to £17,040.03. The tribunal refused the claimant's costs application, saying costs are compensatory rather than punitive and that it was not clear how the respondent's failure to respond had increased the claimant's costs.