Mrs K Quigley v Bernadette Kearns Ltd (in liquidation) and 1 other — 2022

The tribunal upheld a breach of contract claim against Bernadette Kearns Ltd (in liquidation) for failing to give the claimant notice of termination. It also upheld a maternity discrimination complaint against Mrs Lowe under section 110 Equality Act 2010. The tribunal found that, on 17 October 2019, because the claimant was seeking to exercise her right to ordinary maternity leave, Mrs Lowe told her that her colleagues' jobs were resting on her head, proposed that she remain the company’s nominated Head of Legal Practice to the CLC knowing that this would mislead the CLC while she was not working in that role, informed her of the business closure later than other employees, and caused the business to cease trading, resulting in the claimant’s dismissal.

The tribunal rejected the separate sex discrimination complaint, holding that by operation of section 18(7) Equality Act 2010, section 13 did not apply to the alleged less favourable treatment. It also rejected two pregnancy and maternity complaints concerning a risk assessment and later communications: it found that Mrs Lowe did not discriminate by failing to carry out a risk assessment after written confirmation of pregnancy had been given, and did not discriminate when she wrote on 23 October 2019 saying a risk assessment had been carried out or when she sent a proposed new contract on 6 November 2019 with reduced salary and responsibilities.

Two further allegations were held to be out of time. The tribunal said it had no jurisdiction over allegations described as sex discrimination or pregnancy and maternity discrimination concerning a risk assessment taking pregnancy into account and refusal of ante-natal appointments in June 2019, because the claim was presented after the statutory time limit and it was not just and equitable to extend time. It also held that the complaint against Bernadette Kearns Ltd under section 57 ERA 1996 was out of time because it was not reasonably practicable to present it within the limit. On remedy for the successful section 110 claim, the tribunal said any loss of earnings would be assessed on the basis that there was a 40% chance the business would in any event have ceased to trade in December 2019, ending the claimant’s employment then.