Case 2301508/2019 · Employment Tribunal
Miss M Wedd v Surrey Quality Care Ltd — 2022
- Case reference
- 2301508/2019
- Decision date
- 31 March 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ferguson Members
- Venue
- London South
- Panel members
- Mr J Hutchings, Mr J Havard
Parties
2 namedClaimant
Miss M Wedd
Respondent
Key findings
Tribunal's reasoningAt the London South Employment Tribunal on 30-31 March 2022, Employment Judge Ferguson with members Mr J Hutchings and Mr J Havard unanimously decided Miss M Wedd's claims against Surrey Quality Care Ltd. The complaint under section 80H of the Employment Rights Act 1996 about failure to comply with duties relating to flexible working requests was dismissed. The tribunal also dismissed the wrongful dismissal complaint.
The tribunal upheld the unfair dismissal complaint. It found that the claimant was entitled to a basic award and a compensatory award in respect of that claim, reflecting the overall unfair dismissal finding rather than any separate statutory or contractual claim.
The tribunal further found that the respondent subjected the claimant to maternity discrimination by removing her company car, changing her pay date without reasonable notice, failing to respond to her request to vary her working arrangements on return from maternity leave within a reasonable time, and refusing that request without proper consideration. It also found sex discrimination in deducting an overpayment in March 2019 without reasonable notice or offering a payment plan.
For unfair dismissal, the tribunal awarded £1,050 as a basic award and £6,067.13 as a compensatory award. In respect of the discrimination complaints, it awarded £12,500 for injury to feelings plus £3,178 interest, and ordered the respondent to pay a total of £22,795.13.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Flexible working | Complaint under section 80H of the Employment Rights Act 1996 failed and was dismissed. | Dismissed | — | — |
| Unfair dismissal | Awarded a basic award of £1,050 and a compensatory award of £6,067.13. | Upheld | — | £7,117 |
| Wrongful dismissal | Complaint failed and was dismissed. | Dismissed | — | — |
| Pregnancy and maternity discrimination | The tribunal found maternity discrimination in removing the claimant's company car, changing her pay date without reasonable notice, failing to respond to her request to vary her working arrangements on return from maternity leave within a reasonable time, and refusing that request without proper consideration. The injury to feelings award was made across the discrimination complaints and was not split by claim. | Upheld | Pregnancy and maternity | — |
| Sex discrimination | The tribunal found sex discrimination in deducting an overpayment in March 2019 without reasonable notice or offering a payment plan. The injury to feelings award was made across the discrimination complaints and was not split by claim. | Upheld | Sex | — |
Remedy
Monetary award- Total award
- £22,795
- across all upheld claims
- Basic award
- £1,050
- statutory, unfair dismissal
- Compensatory award
- £6,067
- compensatory remedy recorded
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.
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