Mrs M. Varghese v Sunquest Home Ltd — 2024

The Claimant, employed by the Respondent from 9 August 2023 (as recorded in the judgment) and on maternity leave from 10 April 2023, presented an ET1 on 8 December 2023 bringing claims of unfair dismissal, pregnancy/maternity discrimination, arrears of pay and other payments. At a case management hearing the Claimant sought to rely on further allegations (a reduction of contracted hours from 39 to 20 and being required to leave accommodation provided by the Respondent), but the Tribunal accepted these had not been pleaded in the ET1 and were not a re-labelling exercise within Selkent.

The Respondent's position was that, as a Tier 2 sponsor, it was required by UKVI to maintain up-to-date contact details for the Claimant. After the Claimant moved from the address provided by the Respondent and did not give her new address, the Respondent wrote on 13 July 2023 warning of dismissal, and on 30 August 2023 confirmed that sponsorship had been withdrawn. The Claimant accepted receiving both letters and agreed she had not provided her new address; she also agreed with the Respondent's reasons for dismissal. On that basis the Tribunal found the dismissal could not be an act of pregnancy/maternity discrimination, and there were no pleaded discrimination claims within the ET1.

On the remaining Statutory Maternity Pay claim, the Tribunal reviewed the payslips and was satisfied that SMP had been paid at least at the rate the Claimant said was correct; the lower net figures she identified for July (£226.92) and August (£189.92) reflected £500 monthly deductions for a loan advanced by the Respondent. The Claimant had not pleaded an unlawful deduction of wages in respect of the loan repayments, and her SMP dispute had in any event been referred to HMRC. The Tribunal concluded it had no jurisdiction and dismissed the claims.