Miss J Fish v Helping Hands Property Service Ltd — 2024

Miss J Fish worked as an administrator for Helping Hands Property Service Ltd from 21 July 2021 until 14 November 2023. The tribunal proceeded under Rule 21 because the respondent had not presented a response, and on the information before the judge it found that the claimant had been unfairly dismissed and had been subjected to pregnancy and maternity discrimination.

On the unfair dismissal claim, the tribunal recorded that the claimant was 28 years old and had completed two years' service when her employment ended. Using section 119 of the Employment Rights Act 1996, it awarded a basic award of £937.80 based on one week's pay for each complete year worked after age 22, with weekly pay of £468.90. It then assessed compensation under section 123 of the Employment Rights Act 1996, found that the claimant would not be able to return to work until 1 October 2026, and calculated a net loss exceeding the statutory cap; the compensatory award was therefore limited to her gross annual pay of £13,384.88.

On the pregnancy and maternity discrimination claim, the tribunal found that the claimant had been subjected to unfavourable treatment because of pregnancy. It awarded £12,000 for injury to feelings in the middle Vento band and £662.79 interest on that award. The tribunal also stated that the dismissal itself was not discriminatory because it occurred after the end of the protected period.

The judgment applied the Employment Protection (Recoupment of Benefit) Regulations 1996 to the unfair dismissal award. The tribunal identified a prescribed element of £5,406 for the period 14 November 2023 to 23 July 2024, and stated that the total monetary award was £26,985.47, with £21,579.47 payable to the claimant pending recoupment of benefits.