Ms Lucy MacKin v SFJ Tanning (Formerly known as MegaSun International Tanning Ltd.) — 2020

By a liability judgment dated 10 January 2020, Employment Judge Lewis had already found that Ms Lucy MacKin succeeded in claims of unfair dismissal and pregnancy and maternity discrimination. The remedy hearing before Employment Judge Jones took place by telephone on 19 October 2020. The respondent had not filed a response in time, but the tribunal allowed Mr T Dracass to participate in the remedy hearing under Rule 21(3).

The tribunal found that the claimant had worked for the respondent from 2017 as a salon assistant on fixed hours that suited her childcare arrangements. She was on maternity leave from 19 May 2019 to 18 February 2020. After she gave birth, she received a letter from liquidators saying she was redundant, but there had been no consultation and no notice. The tribunal accepted that the business continued, other staff were retained, and the claimant repeatedly sought an explanation from managers and the owners without receiving one. It also accepted that the way the respondent dealt with her caused stress and anxiety, and that the medical notes in January 2020 supported her evidence that the postponement of the remedy hearing had a significant effect on her mental state.

On loss, the tribunal accepted that she had mitigated her loss. She looked for work before her maternity leave ended, declined a library post because the childcare costs would have absorbed the wages, then took work at Benhurst Primary School and later began work as a receptionist at a vet practice on 28 September 2020, after which there was no continuing loss. The tribunal said it was unlikely there had been a true redundancy situation and that, had she not been dismissed because of pregnancy, she would have remained employed and likely been furloughed during the lockdown period.

The tribunal awarded a basic award of £249.60 and pecuniary losses of £3,111.09 for holiday pay, pension loss, notice pay, later wage shortfall, and job-search expenses. It awarded £5,000 for non-pecuniary loss, made up of £4,000 for injury to feelings and £1,000 for personal injury, and applied interest of £134.42 to the pecuniary element and £400 to the non-pecuniary element. The total award was £8,895.11.