Ms Stella Heng v Jublee Number 7 Limited formerly Clarity Products Limited — 2022

The claim was issued on 4 July 2021. The Respondent did not present a valid response on time, so the Employment Judge determined the case under Rule 21 of the Employment Tribunals Rules of Procedure 2013. On that basis, the tribunal entered judgment for the Claimant without a contested liability hearing.

The tribunal found that the Respondent had made unauthorised deductions from the Claimant's wages and had failed to pay holiday pay. It also found direct sex discrimination and direct race discrimination in the Claimant's inclusion in the redundancy selection pool and in her selection for redundancy. Those discrimination findings were pleaded and determined as claims of sex and race discrimination.

The tribunal further found that the Claimant had been automatically unfairly dismissed for the purposes of section 99 Employment Rights Act 1996 and regulation 20 of the Maternity and Parental Leave Regulations 1999, because the Respondent failed to comply with regulation 10 of those Regulations. It also found a detriment contrary to section 47C Employment Rights Act 1996 and regulation 19 of the Maternity and Parental Leave Regulations 1999 because the Respondent failed to offer the Claimant an alternative role. The judgment records that the claim succeeds and that remedy will be determined at a Remedy Hearing.