Case 3201883/2019 · Employment Tribunal
Ms B Loots v The Governing Body of St Elizabeth Catholic Primary School — 2020
- Case reference
- 3201883/2019
- Decision date
- 14 December 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge G Tobin Members
- Venue
- East London Hearing Centre
- Panel members
- Ms A Berry, Ms M Daniels
Parties
2 namedClaimant
Ms B Loots
Key findings
Tribunal's reasoningThe tribunal unanimously found that Ms B Loots was discriminated against by The Governing Body of St Elizabeth Catholic Primary School in two respects connected with pregnancy and maternity. First, it held that the respondent failed to undertake a pregnancy risk assessment, in breach of s18 Equality Act 2010. Second, it held that the claimant was discriminated against in her return-to-work role following maternity leave, in breach of s13 Equality Act 2010, and that the same conduct also amounted to a detriment under s47C Employment Rights Act 1996.
The tribunal rejected two further discrimination allegations. It found that the respondent did not discriminate against the claimant in respect of its implementation of its sickness policy, and it did not discriminate against her in respect of the claimed threat to withhold her wages. The tribunal also found that the claimant was constructively dismissed, in breach of s95(1)(c) Employment Rights Act 1996. The case was then listed for a remedy hearing, so no compensation figure is recorded in this decision.
Claims and outcomes
5 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Pregnancy and maternity discrimination | The tribunal found discrimination in respect of the respondent failing to undertake a pregnancy risk assessment, in breach of s18 Equality Act 2010. | Upheld | Pregnancy and maternity | — |
| Pregnancy and maternity discrimination | The tribunal found discrimination in the claimant's return-to-work role following maternity leave, in breach of s13 Equality Act 2010; it also found this amounted to a detriment under s47C Employment Rights Act 1996. | Upheld | Pregnancy and maternity | — |
| Pregnancy and maternity discrimination | The tribunal did not find discrimination in respect of the respondent's implementation of its sickness policy. | Dismissed | Pregnancy and maternity | — |
| Pregnancy and maternity discrimination | The tribunal did not find discrimination in respect of the claimed threat to withhold the claimant's wages. | Dismissed | Pregnancy and maternity | — |
| Constructive dismissal | The tribunal found the claimant was constructively dismissed in breach of s95(1)(c) Employment Rights Act 1996. | Upheld | — |
Legal tests applied
4 references- s18 Equality Act 2010
- s13 Equality Act 2010
- s47C Employment Rights Act 1996
- s95(1)(c) Employment Rights Act 1996
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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