Ms R Stowe v Stobart Air Ltd — 2021

Ms Stowe presented two ET1s in March and May 2020 alleging unfair constructive dismissal, pregnancy and maternity discrimination, sex discrimination, and statutory breaches concerning health and safety and alternative work. The respondent denied the claims in ET3s, later entered voluntary liquidation on 2 July 2021, and did not attend the final hearing. The tribunal declined to enter default judgment because the ET3s had defended the claims, and proceeded under rule 47 on the material available.

The tribunal found that Ms Stowe resigned on 19 February 2020 and that her claims were well founded. It expressly upheld unfair constructive dismissal, found indirect sex discrimination, and recorded that the claims under the Health and Safety at Work Regulations 1999 were well founded. It also found failures to offer suitable alternative work under section 67 of the Employment Rights Act 1996, to provide alternative work under section 70(4), and to carry out a risk assessment contrary to regulation 61 of the Management and Health and Safety at Work Regulations 1999. The first ET1 also pleaded pregnancy and maternity discrimination, but the written reasons do not separately identify a distinct finding on that head.

On remedy, the tribunal limited loss to 2 July 2021, when the respondent went into voluntary liquidation. It awarded a basic award of £415.38, compensatory loss of £4,578.37 before interest, and £18,000 for injury to feelings, with interest under the compensation calculation and a total award of £25,670.81. The injury to feelings award was placed in the mid band of the Vento guidance, and the reasons record that Ms Stowe was driven to resign after not being accommodated having just given birth.