Mrs Liliana Martins Salvador v T & A Textiles & Hosiery Limited — 2019

The tribunal found that at interview on 27 January 2016 the claimant was asked whether she had plans to get pregnant. It rejected the respondent's position that the question was asked on her first day at work rather than at interview, and held that asking a woman that question was less favourable treatment because of sex. The tribunal accepted the claimant's evidence that the question was intrusive and found direct sex discrimination.

After the claimant told the respondent she was pregnant in August 2016, the tribunal found that Mr Imran Aslam reminded her of the earlier pregnancy question and suggested that she resign because the business was not doing well. It also found that during maternity leave Mr Qayyum told her she could have a mortgage reference only if she resigned, and then sent her an email setting out a resignation letter she had not asked for. When she returned to work in February 2018, the tribunal found that her role had been given to someone else, that she was offered reduced part-time hours without meaningful consultation, and that the 20 February 2018 letter was a unilateral termination of her employment. It therefore found pregnancy/maternity discrimination and automatic unfair dismissal because the dismissal was connected to pregnancy/childbirth; alternatively, it said the respondent's conduct would have entitled her to resign.

The parties agreed that the claimant had not been paid annual leave accrued during maternity leave, pay for ante-natal appointments, or the correct rate of statutory maternity pay. The tribunal awarded £20,407.77 in total, comprising a £487.50 basic award, a £2,437.50 compensatory award, £300 for loss of statutory rights, £1,365 for annual leave, £190.70 for ante-natal appointments, £515.19 for SMP, £14,136.88 for injury to feelings including £1,000 aggravated damages and £1,136.88 interest, and £975 for failure to provide a statement of main terms and conditions.