1. Ms B Gibson 2. Ms K Adams v Mr Steven Burridge and Mrs Candice Burridge t/a Mrs Ogden’s Tea Rooms — 2019

The tribunal heard claims by Ms B Gibson and Ms K Adams against the owners of Mrs Ogden’s Tea Rooms after a TUPE transfer in October 2017. It accepted that Ms Gibson had been in the protected period throughout her employment with the respondents and that Ms Adams told the respondents on 15 February 2018 that she was pregnant. The case concerned rota changes, written warnings about cleaning, and dismissals for alleged insubordination.

The tribunal held that notifying the claimants of the proposed rota changes on 16 February 2018 was unfavourable treatment because of pregnancy, because Mrs Burridge decided to give notice after Ms Adams announced her pregnancy. It did not find that the later implementation of the rota was because of pregnancy, and it found that the formal warnings issued on 18 February 2018 were prompted by the state of the kitchen and food-hygiene concerns rather than pregnancy.

On dismissal, the tribunal accepted that the respondents dismissed both claimants for serious insubordination over the new rota, but rejected the pregnancy-connected dismissal theory. It found the dismissals unfair under section 98 ERA 1996 because there had been no proper disciplinary process, no written allegation, no invitation to meetings, no right to be accompanied, and no appeal. It also found that the respondents had not established repudiatory breach or gross misconduct justifying dismissal without notice, so the breach-of-contract notice-pay claim succeeded. All other claims were dismissed and remedy was left to a further hearing listed for 24 January 2020.