Case 2601114/2021 · Employment Tribunal
Miss Gemma Lumbis v Victoria Jane Ball (trading as Cuddles Day Nursery) — 2022
- Case reference
- 2601114/2021
- Decision date
- 3 March 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Camp Appearances
Parties
2 namedClaimant
Miss Gemma Lumbis
Key findings
Tribunal's reasoningAt a Rule 21(2) hearing on 2 March 2022, heard by video in public, the claimant appeared in person and the respondent did not appear. Employment Judge Camp found that Miss Gemma Lumbis had been unfairly dismissed under sections 98 and 99 of the Employment Rights Act 1996, that the respondent had discriminated against her by dismissing her under section 18 of the Equality Act 2010, and that holiday pay and accrued leave sums remained unpaid under the Working Time Regulations 1998.
On unfair dismissal, the tribunal awarded a basic award of £310.26 and a compensatory award of £500 for loss of statutory rights, then applied the 20% uplift under section 207B of the Trade Union and Labour Relations (Consolidation) Act 1992 so that the unfair dismissal compensatory award totalled £600. The tribunal said other losses were covered by the discrimination award.
For discrimination, the tribunal awarded £9,000 for injury to feelings, £10,413.99 for lost earnings (£7,334.61 to 2 March 2022 and £3,079.38 future loss), and £420 for bank charges, then applied the 20% uplift to reach £23,800.79 before interest. Interest was awarded at 8% on £10,800 for injury to feelings and on £9,305.53 for past financial losses, producing £880.57 and £379.36 respectively. The tribunal also ordered £1,800 for holiday pay and compensation for accrued but untaken annual leave and recommended that the respondent provide a fair and reasonable employment reference within 14 days. The total payable as at 2 March 2022 was £27,770.98.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Recorded from the judgment. | Upheld | — | £910 |
| Pregnancy and maternity discrimination | Recorded from the judgment. | Upheld | Pregnancy and maternity | £23,801 |
| Holiday pay | The tribunal also found unauthorised deductions from wages by non-payment of holiday pay and failure to pay compensation for accrued but untaken annual leave under regulation 14 of the Working Time Regulations 1998; the combined award was £1,800. | Upheld | — | £1,800 |
Remedy
Monetary award- Total award
- £27,771
- across all upheld claims
- Basic award
- £310
- statutory, unfair dismissal
- Compensatory award
- £600
- compensatory remedy recorded
Legal tests applied
5 references- sections 98 and 99 Employment Rights Act 1996
- section 18 Equality Act 2010
- regulation 14 Working Time Regulations 1998
- section 124(2)(c) Equality Act 2010
- section 207B Trade Union and Labour Relations (Consolidation) Act 1992
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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