Case 2301957/2021 · Employment Tribunal
Ms C Mason v Northwood Dulwich Limited and 1 other — 2023
- Case reference
- 2301957/2021
- Decision date
- 22 March 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Barker
- Venue
- Croydon
- Panel members
- Ms C Edwards, Mr A Scott
Parties
3 namedClaimant
Ms C Mason
Respondents
Key findings
Tribunal's reasoningThe Tribunal sat at Croydon on 21 and 22 March 2023 before Employment Judge Barker, with Ms C Edwards and Mr A Scott. It rejected the claimant's automatic unfair dismissal claim under s99 Employment Rights Act 1996.
It found instead that the claimant was unfairly dismissed by the first respondent under s98 Employment Rights Act 1996 because the respondent failed to inform and consult with her in relation to redundancy. The Tribunal also found that the first respondent failed to pay the claimant a redundancy payment.
For the unfair dismissal finding, the Tribunal awarded a basic award of £1,442.30. It made no compensatory award and no award for loss of statutory rights because it found the claimant would have been fairly dismissed in any event had a fair procedure been followed, and on the same date.
The Tribunal also upheld the claimant's s18 Equality Act 2010 claim, finding that both respondents unfavourably treated her because of maternity leave by failing to consult with her about redundancy and failing to keep in touch while she was on maternity leave. It assessed injury to feelings at £4,000, payable jointly and severally by both respondents, and stated that the Recoupment Regulations did not apply.
Claims and outcomes
4 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Automatic unfair dismissal by reason of pregnancy and maternity under s99 ERA 1996. | Dismissed | — | — |
| Unfair dismissal | Unfair dismissal under s98 ERA 1996 for failure to inform and consult about redundancy; basic award of £1,442.30, with no compensatory award or award for loss of statutory rights. | Upheld | — | £1,442 |
| Redundancy | The Tribunal found that the first respondent failed to pay the claimant a redundancy payment; no separate sum was specified in the judgment. | Upheld | — | — |
| Pregnancy and maternity discrimination | The Tribunal found unfavourable treatment because of maternity leave under s18 Equality Act 2010, namely failure to consult about redundancy and failure to keep in touch while on maternity leave; injury to feelings assessed at £4,000, payable jointly and severally by both respondents. | Upheld | Pregnancy and maternity | £4,000 |
Remedy
Monetary award- Total award
- £5,442
- across all upheld claims
- Basic award
- £1,442
- statutory, unfair dismissal
- Compensatory award
- £0
- compensatory remedy recorded
Legal tests applied
3 references- s99 Employment Rights Act 1996
- s98 Employment Rights Act 1996
- s18 Equality Act 2010
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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