In person. For the v Respondent — 2024

The Claimant, a hairdresser at the Respondent's salon, brought consolidated claims arising out of her employment and resignation on 29 October 2021. The Tribunal, sitting at Cambridge before Employment Judge L Brown with Ms Collette Bailey and Mr Frank Wright, found that her claim for constructive unfair dismissal succeeded, with the grievance outcome operating as a final straw that reawakened earlier breaches of contract. Her claim of unfavourable treatment as a pregnant worker under s.18 of the Equality Act 2010 partially succeeded, including a finding that the issuing of a final written warning amounted to unfavourable treatment of a pregnant worker.

The Claimant's victimisation claim under s.27 of the Equality Act 2010 partially succeeded, including in respect of an incident on 15 July 2021 for which the Tribunal extended time on a just and equitable basis, taking into account the Claimant's mental health, caring responsibilities and the ongoing grievance process. The harassment claim failed because pregnancy and maternity is not a protected characteristic for the purposes of s.26 of the Equality Act 2010. Specified allegations of sex discrimination were not made out on the facts, and the final written warning could not additionally be characterised as direct sex discrimination because s.18(7) of the Equality Act 2010 precludes overlap with s.13 where the treatment constitutes pregnancy and maternity discrimination.

Claims for notice pay, holiday pay and wrongful dismissal failed as no evidence or submissions were offered on them, though the Tribunal noted that compensation for the notice period would in any event be addressed within the unfair dismissal award. The Tribunal directed the parties to provide dates of availability for a two-day remedy hearing if settlement could not be achieved, so no monetary remedies were determined in this judgment.