Ms K Jupatovaite v Fast Despatch Logistics Ltd — 2024

The Claimant worked for the Respondent through an employment agency and was not employed directly by the Respondent. On that basis, the tribunal dismissed her unfair dismissal complaint. The tribunal also dismissed the gender reassignment discrimination complaint because there was no evidence that the Claimant had undergone gender reassignment or had been treated on grounds of actual or perceived gender reassignment, and she indicated that she had ticked that box on the Claim Form by mistake.

The tribunal accepted, on the limited evidence before it, that the Claimant was a contract worker within the meaning of s.41 of the Equality Act 2010. It found that after the Claimant told her line manager she was pregnant, and after the Respondent was told of the pregnancy, her placement was terminated. The tribunal found that the termination of the placement was because of her pregnancy and that the Respondent discriminated against her under s.41(1)(b) by not allowing her to continue the contract work.

For remedy, the Claimant sought 28 weeks' pay up to the birth of her baby, allowing for about three weeks of other work. The tribunal found that her lack of work during that period was partly attributable to the termination of the placement and partly to her own decision not to be more proactive in seeking work, so it awarded lost earnings for 14 weeks at £395 per week, totalling £5,530. It also awarded £4,000 for injury to feelings at the lower end of the Vento guidelines, finding the discrimination was essentially a one-off act which was upsetting but appeared to have caused financial hardship rather than long-lasting emotional distress. The total award was £9,530.