In person For the 1st v Respondent — 2021

The tribunal found that the Fifield Inn was an economic entity that transferred from the 1st respondent to the 2nd respondent on 14 September 2018 and then from the 2nd respondent to the 3rd respondent on 7 January 2019. The claimant's employment transferred on each occasion. It found that she was dismissed on 19 January 2019 from her role as Assistant Manager and that the dismissal was unfair. It also found that she was entitled to a redundancy payment and to notice pay under section 86 Employment Rights Act 1996.

The direct sex discrimination claim under section 13 Equality Act 2010 failed. The direct maternity discrimination claim under section 18 Equality Act 2010 succeeded. The tribunal also found that holiday pay was owed under regulation 30 of the Working Time Regulations 1998 and that wages were owed, including underpayment of statutory maternity pay and the final payment of SMP.

In compensation, the tribunal awarded a basic award of £1,269.24 and a compensatory award of £3,437.50 for loss of earnings plus £400.00 for loss of statutory rights. The redundancy payment of £1,269.24 was cancelled out by the basic award and the notice pay of £343.75 was subsumed into the unfair dismissal loss-of-earnings figure. For maternity discrimination it awarded £2,500.00 for injury to feelings, £481.09 interest and a 25% increase of £625.00 for unreasonable failure to comply with the ACAS Grievance Code of Practice. It awarded £2,131.25 for holiday pay plus a 25% increase of £532.81, and £513.43 for unpaid wages. The total monetary award was £11,890.32, with a prescribed element of £3,437.50 and an excess of £8,452.82, payable by the 3rd respondent subject to the recoupment stay.