Miss Irena Kazlauskaite v Stuart Hotel Ltd — 2021

At a remote hearing on 3 September 2021, Employment Judge Tobin sitting alone proceeded under rule 47 because the respondent did not attend or participate. The written record records the tribunal's operative findings, with reasons having been given orally at the hearing.

The tribunal found that Miss Irena Kazlauskaite was discriminated against by the respondent on the grounds of her pregnancy, in breach of s18 Equality Act 2010, and harassed on the grounds of her sex, in breach of s26 Equality Act 2010. It also found that she was unfairly dismissed on the grounds of her pregnancy, in breach of s99 Employment Rights Act 1996.

The tribunal further found that the claimant was owed outstanding holiday pay under regulation 13 of the Working Time Regulations 1998 and s13 Employment Rights Act 1998, and that she was wrongfully dismissed, i.e. dismissed in breach of contract. The remedy awarded for pregnancy discrimination and sex harassment was £18,000 for injury to feelings, made as a single sum without apportionment between those two findings.

For unfair dismissal, the tribunal awarded a basic award of £1,130.78 and a compensatory award of £19,109.75, made up of notice pay of £1,384.61, additional loss of earnings of £17,225.14, and loss of statutory rights of £500. It also awarded £1,000 for outstanding holiday pay, making a total award of £39,240.53.