Miss S Scerbinskaite v Grikis Ltd and 2 others — 2023

The tribunal heard the case on 13 November 2023 before Employment Judge C Lewis, with Ms M Legg and Mr S Woodhouse as members. The respondents did not attend and had not submitted a response. In its unanimous judgment dated 24 November 2023, the tribunal upheld claims arising from pregnancy discrimination and from detriments and dismissal connected to health and safety concerns.

On pregnancy, the tribunal found that the claimant was subjected to unfavourable treatment because of pregnancy by the first and second respondents between 27 March 2023 and 27 April 2023, including the decision to dismiss her on 17 April 2023. It also found that the third respondent dismissed her on 17 April 2023 and that pregnancy was a material influence on that decision, contrary to section 18 of the Equality Act 2010.

On health and safety, the tribunal found that the first respondent subjected the claimant to detriments between 27 March 2023 and 27 April 2023 after she raised health and safety concerns, within section 44(c) of the Employment Rights Act 1996. It also found that she was dismissed for raising those concerns, contrary to section 100(1)(c) of the Employment Rights Act 1996.

On remedy, the tribunal recorded that the claimant had less than two years' service and so was not entitled to a basic award. It awarded £3,249.11 for loss of earnings to the date of hearing, £5,695.68 for future loss of earnings, £32,500 for injury to feelings including an element of aggravated damages, and £1,708.81 in interest, making a total award of £43,153.60. It also recorded that the Employment Protection (Recoupment of Benefits) Regulations 1996 applied, with a prescribed element of £3,249.11.