Case 2413776/2019 · Employment Tribunal
Miss S Holland v Smart Energy Review Limited — 2020
- Case reference
- 2413776/2019
- Decision date
- 29 September 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Warren REPRESENTATION
- Venue
- Manchester
Parties
2 namedClaimant
Miss S Holland
Respondent
Key findings
Tribunal's reasoningMiss S Holland was 31 and had worked for the respondent for 23 months when she was dismissed on 13 August 2019. She had told the respondent in May 2019 that she was pregnant. The schedule records that she was not allowed paid time off for ante-natal appointments, that commission earned in January 2019 was due to be paid when maternity leave began, and that she did not receive notice or notice pay on dismissal.
The tribunal found unfair dismissal, two unlawful deductions from wages, and breach of contract. It awarded one week’s pay for the contract claim, and the schedule separately set out compensation for loss of earnings, statutory maternity pay, and loss of statutory rights. The schedule also records a 20% uplift for the respondent’s failure to undertake any form of ACAS or similar procedure.
On discrimination, the tribunal found sex/maternity discrimination when the claimant was dismissed and awarded £10,000 for injury to feelings. The reasons recorded that this was a one-off act serious enough to cause medically diagnosed anxiety. The tribunal made no award of aggravated damages because it considered that the compensatory award had already been uplifted.
Interest of £826.63 was added at 8% from 13 August 2019 on the injury to feelings award. Recoupment applied, with a prescribed amount of £5,900 and a balance of £13,390. The total award was £19,290.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal found the claimant was unfairly dismissed on 13 August 2019. The schedule records a basic award and other dismissal-related compensation, but the award is not split cleanly by claim. | Upheld | — | — |
| Unlawful deduction from wages | Unlawful deduction from wages for 6.5 days when the claimant attended ante-natal appointments. | Upheld | — | £299 |
| Unlawful deduction from wages | Unlawful deduction from wages in relation to sales commission earned in January 2019 and agreed to be paid when maternity leave began. | Upheld | — | £380 |
| Breach of contract | The tribunal found the claimant was dismissed in breach of contract and entitled to one week’s pay. The schedule also records a 20% uplift separately in the overall compensation calculation. | Upheld | — | £184 |
| Pregnancy and maternity discrimination | The judgment refers to sex/maternity discrimination when the claimant was dismissed. The tribunal awarded £10,000 for injury to feelings and made no award of aggravated damages. | Upheld | Pregnancy and maternity | £10,000 |
Remedy
Monetary award- Total award
- £19,290
- across all upheld claims
- Basic award
- £184
- statutory, unfair dismissal
- Compensatory award
- £6,150
- compensatory remedy recorded
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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