Case 2304597/2018 · Employment Tribunal
Ms B CARTER v WONGA GROUP Ltd (In Administration) — 2019
- Case reference
- 2304597/2018
- Decision date
- 18 September 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Hargrove
Parties
2 namedClaimant
Ms B CARTER
Respondent
Key findings
Tribunal's reasoningThis was a Rule 21 judgment because the respondent failed to file a response in time or at all. The judgment records that the Administrators had consented to the continuation of the proceedings. On that basis, Employment Judge Hargrove held that the listed claims were well founded.
The tribunal found that the respondent had failed to comply with the consultation requirements in section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992, so the claimant was entitled to a protective award under section 189. It also found that the claimant's dismissal was an act of direct discrimination contrary to section 13 of the Equality Act on grounds of pregnancy or maternity.
The tribunal further upheld the claimant's breach of contract claim in respect of notice pay, and her claim for unlawful deductions from wages in respect of maternity pay and holiday pay. A separate remedies hearing was to be listed, to be combined with the claim of Andrew v Wonga Group Ltd 2304594/2018, so no remedy figure is recorded in this judgment.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 for failure to comply with section 188 consultation requirements. | Upheld | — | — |
| Pregnancy and maternity discrimination | Dismissal found to be an act of direct discrimination contrary to section 13 of the Equality Act on grounds of pregnancy or maternity. | Upheld | Pregnancy and maternity | — |
| Breach of contract | Claim in respect of notice pay. | Upheld | — | — |
| Unlawful deduction from wages | Unlawful deductions from wages in respect of maternity pay and holiday pay, stated to be contrary to section 13 of the Employment Rights Act. | Upheld | — | — |
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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