Case 3322400/2019 · Employment Tribunal
Ms D Silva Amaral v KCP Ltd — 2022
- Case reference
- 3322400/2019
- Decision date
- 22 March 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Eeley
- Panel members
- Ms A Crosby, Mr G Edwards
Parties
2 namedClaimant
Ms D Silva Amaral
Respondent
Key findings
Tribunal's reasoningThe tribunal held that it had jurisdiction to determine all of the claimant's discrimination complaints because they formed part of conduct extending over a period and were presented within time under section 123(3)(a) of the Equality Act 2010. The only live cause of action identified in the liability judgment was pregnancy discrimination contrary to section 18 Equality Act 2010.
The tribunal upheld three pregnancy discrimination complaints. It found that comments and questions made by Mrs K Pavelyn on 1 May 2019 about the claimant's personal and financial circumstances in the context of having a child were discriminatory. It also upheld the complaint about comments made on 21 May 2019 concerning the claimant working in a self-employed capacity and her entitlement to statutory maternity pay. A further upheld complaint concerned the withdrawal or ending of the claimant's housekeeping duties at Mrs Pavelyn's home in May 2019.
The tribunal dismissed the remaining pregnancy discrimination complaints. No remedy was determined in this judgment, and the tribunal stated that a further hearing would be listed to decide the appropriate remedy for the claimant.
Claims and outcomes
2 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Pregnancy and maternity discrimination | The tribunal upheld the pregnancy discrimination complaints about comments and questions made by Mrs K Pavelyn on 1 May 2019 about the claimant's personal and financial circumstances in the context of having a child, comments made on 21 May 2019 about working in a self-employed capacity and entitlement to statutory maternity pay, and the complaint that the claimant's housekeeping duties at Mrs Pavelyn's home were withdrawn or came to an end in May 2019. | Upheld | Pregnancy and maternity | — |
| Pregnancy and maternity discrimination | The tribunal dismissed the remaining complaints of pregnancy discrimination. | Dismissed | Pregnancy and maternity | — |
Legal tests applied
2 references- section 123(3)(a) Equality Act 2010
- section 18 Equality Act 2010
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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