Case 2406286/2019 · Employment Tribunal
Miss D Kowalczyk v Recruitment Agency 4 U Ltd — 2020
- Case reference
- 2406286/2019
- Decision date
- 9 October 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Dunlop Representation
- Venue
- Manchester
Parties
2 namedClaimant
Miss D Kowalczyk
Respondent
Key findings
Tribunal's reasoningMiss D Kowalczyk’s complaint that Recruitment Agency 4 U Ltd withheld a pay rise, and that this amounted to pregnancy discrimination under s.18 Equality Act 2010 and/or detriment on grounds of pregnancy under s.47 Employment Rights Act 1996 and Reg 19 of the Maternity and Parental Leave (etc) Regulations 1999, was dismissed.
Her claims for unauthorised deductions from wages succeeded in relation to holiday pay and maternity pay. The tribunal ordered gross awards of £2,305.37 for holiday pay and £1,932.84 for maternity pay, making a total gross award of £4,238.21.
The claim concerning the right to daily rest breaks under Reg 30 Working Time Regulations 1998 was not determined on the merits because it was brought outside the applicable time limit, and the tribunal held that it had no jurisdiction to hear it. The respondent did not present a response and did not attend the hearing.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Pregnancy and maternity discrimination | The claim that the respondent withheld a pay rise and that this amounted to pregnancy discrimination under s.18 Equality Act 2010 and/or detriment on grounds of pregnancy under s.47 Employment Rights Act 1996 and Reg 19 of the Maternity and Parental Leave (etc) Regulations 1999 was dismissed. | Dismissed | Pregnancy and maternity | — |
| Unlawful deduction from wages | The claim of unauthorised deductions from wages in respect of holiday pay succeeded, and the respondent was ordered to pay £2,305.37 gross. | Upheld | — | £2,305 |
| Working time regulations | The claim for breach of the right to daily rest breaks under Reg 30 Working Time Regulations 1998 was outside the applicable time limit; the tribunal said it had no jurisdiction to hear it. | Other | — | — |
| Unlawful deduction from wages | The claim of unauthorised deductions from wages in respect of maternity pay succeeded, and the respondent was ordered to pay £1,932.84 gross. | Upheld | — | £1,933 |
Remedy
Monetary award- Total award
- £4,238
- across all upheld claims
Legal tests applied
4 references- s.18 Equality Act 2010
- s.47 Employment Rights Act 1996
- Reg 19 Maternity and Parental Leave (etc) Regulations 1999
- Reg 30 Working Time Regulations 1998
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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