Case 2409560/2022 · Employment Tribunal
Miss L Collins v Walmersley Chippy Limited — 2023
- Case reference
- 2409560/2022
- Decision date
- 24 November 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Dunlop
- Venue
- Manchester
- Panel members
- Ms E Cadbury, Mrs C Bowman
Parties
2 namedClaimant
Miss L Collins
Respondent
Key findings
Tribunal's reasoningHeard at Manchester Employment Tribunal by video on 15, 16 and 17 November 2023 before Employment Judge Dunlop, with Ms E Cadbury and Mrs C Bowman sitting as the lay members, Miss L Collins succeeded on her claim under s57 Employment Rights Act 1996 that the respondent failed to pay her for time off for ante-natal care. The tribunal ordered payment of £13.37 for an appointment on 24 November 2021 and £44.55 for an appointment on 26 January 2022. On the same facts, the tribunal found discrimination on grounds of pregnancy contrary to s.18 Equality Act 2010.
The tribunal said the claimant's other s.18 discrimination claims were not well-founded. It also found that she had not been constructively dismissed, and her unfair dismissal claim under s.99 Employment Rights Act was not well-founded.
The tribunal awarded £1,000 for injury to feelings arising from the discrimination. Interest on that award was payable at 8% from 25 December 2021 to the hearing date, and was calculated at £150.94. The tribunal also made an additional award of two weeks' pay under s.38 Employment Rights Act 2002, assessed on the basis of 20 hours per week, in the sum of £356.40. The total award payable was £1,565.26.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | The claim under s57 Employment Rights Act 1996 for failure to pay for time off for ante-natal care succeeded; the tribunal ordered £13.37 for 24 November 2021 and £44.55 for 26 January 2022. | Upheld | — | £58 |
| Pregnancy and maternity discrimination | By failing to pay the claimant for ante-natal appointments, the respondent discriminated against her on grounds of pregnancy contrary to s.18 Equality Act 2010. The tribunal also said the claimant's other s.18 discrimination claims were not well-founded. | Upheld | Pregnancy and maternity | £1,000 |
| Constructive dismissal | The tribunal found the claimant was not constructively dismissed. | Dismissed | — | — |
| Unfair dismissal | The claim that the claimant was unfairly dismissed under s.99 Employment Rights Act was not well-founded. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £1,565
- across all upheld claims
- Compensatory award
- £414
- compensatory remedy recorded
Legal tests applied
4 references- s57 Employment Rights Act 1996
- s.18 Equality Act 2010
- s.99 Employment Rights Act
- s.38 Employment Rights Act 2002
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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