Ms M Douek v Meoros Ltd and 1 other — 2022

The claimant, Ms M Douek, brought maternity discrimination claims against Meoros Ltd and Ms C Weisfish. The Tribunal heard the case at Manchester on 6 and 7 December 2022 before Employment Judge Phil Allen, Ms S Howarth and Mr P Dobson. It found that the first respondent had been dissolved on 16 November 2021, so the Tribunal could not hear or determine the claims against it.

The Tribunal unanimously held that the claimant was treated unfavourably because she had exercised the right to ordinary and additional maternity leave, contrary to section 18(4) of the Equality Act 2010, by the second respondent’s refusal to allow her to return to her tutor role in January or February 2021 and by dismissing her from employment without notice on 2 February 2021. That maternity discrimination claim against the second respondent succeeded.

A separate allegation that the second respondent failed to offer or discuss any suitable alternative role for the claimant did not succeed and was dismissed. The Tribunal also recorded that the ACAS Code of Practice on disciplinary and grievance procedures did not apply to the circumstances of the dismissal, so no uplift under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992 was awarded.

On remedy, the second respondent was ordered to pay £11,000 for injury to feelings, £1,002.96 for losses resulting from the discrimination, and interest of £1,622.58 on the injury to feelings award plus £73.86 on the losses award. The overall award therefore totalled £13,699.40.