In person Interpreter: Mr N Jones For the v Mr J Gilbert (consultant) — 2020

The claimant worked as a cleaner for the respondents from 22 August 2017 and told Ms Heijink that she was pregnant on or around 24 November 2017. The tribunal found that the respondents had not carried out any suitable and sufficient risk assessment for women of childbearing age or for the claimant after she announced her pregnancy. It accepted that only a brief discussion took place about avoiding chemicals and heavy lifting, but found there was no systematic assessment of the claimant's role or of other possible risks. Applying section 18 Equality Act 2010 and the authorities cited in the reasons, the tribunal held that the failure to assess risk was unfavourable treatment because of pregnancy.

The tribunal rejected the other complaints said to arise under section 18. It found that the request on 31 January 2018 for the claimant and her colleague to clean one more room was not because of pregnancy, but because they were below the hotel's usual room-cleaning expectation and had fallen behind after the colleague's bereavement. It did not accept that Ms Heijink criticised the claimant for going to the toilet too often, and it found no evidence that any criticism of work rate was motivated by pregnancy. Although it found that the claimant was dismissed by Ms Heijink during a heated exchange, it held that the dismissal, and Mr Harries-Jones' later refusal to reinstate her, were not because of pregnancy.

On limitation, the tribunal extended time for the Equality Act complaint on a just and equitable basis under section 123(1) because the claimant promptly sought advice from the CAB, misunderstood the ACAS process because of language difficulties, and the respondent suffered no prejudice. By contrast, it held that the section 47(c) and section 99 ERA claims were out of time and that it was reasonably practicable for them to have been presented in time. The tribunal therefore said it had no jurisdiction to hear those complaints. It awarded £1,500 for injury to feelings and £277.48 interest, calculated from 24 November 2017 to the hearing date at 8% per annum.