Mrs Chalmae El Myloudy Zougari v Kidzrus Nursery Limited — 2024

The tribunal found the complaint of ordinary unfair dismissal well founded. The claimant accepted redundancy was the reason for dismissal, but the tribunal was not satisfied that the respondent had acted reasonably in treating that reason as sufficient, including in relation to the redundancy selection process and the evidence about it.

The tribunal dismissed the automatic unfair dismissal complaint under section 99 of the Employment Rights Act 1996 and regulation 20 of the Maternity and Parental Leave Regulations 1999. It weighed factors that could point towards pregnancy-related selection against other findings, including that other pregnant nursery workers were not selected for redundancy, and concluded that the reason or principal reason for selection was not pregnancy-related.

The tribunal found the victimisation complaints well founded. It concluded that the claimant's grievance alleging pregnancy or maternity discrimination and her first tribunal claim including race discrimination allegations were protected acts, and that the respondent refused to respond to Supply Desk reference requests and threatened civil action because of a protected act.