Mrs S Wolczynska v Wimbledon Automobiles Ltd — 2019

Mrs S Wolczynska brought claims for unfair dismissal, discrimination on the grounds of pregnancy and maternity leave, and failure to provide a written statement of terms and conditions. Wimbledon Automobiles Ltd filed a response saying it did not defend the claims and would not attend the hearing. Employment Judge Martin Representation dealt with the matter on 15 November 2019 and entered judgment and remedy.

The tribunal found that the claimant had been dismissed on 29 March 2019, two days short of two years' service. Because no notice was given, the tribunal added the statutory one-week notice period when assessing qualifying service, which meant she had the necessary period to bring an unfair dismissal claim. In any event, the tribunal found that the dismissal was automatically unfair because the reason for dismissal was the claimant's pregnancy and/or maternity leave, and it accepted the account set out in the claim form in the absence of any meaningful defence.

On remedy, the tribunal awarded a basic award of £1,470 and a compensatory award of £6,750 for unfair dismissal. It limited the compensatory award to losses up to the date of the hearing because the claimant had not taken significant steps to mitigate her loss by finding alternative employment, although the tribunal accepted that finding part-time work with a degree of homeworking would be difficult.

For injury to feelings, the tribunal accepted evidence that the dismissal affected the claimant's health, including low self-esteem, high blood pressure requiring medication, stress and confusion. It assessed that injury to feelings at £8,000, at the top end of the lower Vento band. Separately, it found that the respondent had not provided the claimant with a written statement of terms and conditions of employment and awarded £735, being four weeks' pay and the maximum amount permitted for that head of claim.