io v Represented by: Mr D Murray Consultant Miss M Degnan Elizabeth Girvan t/a Merkland Private Nursery — 2018

The claimant worked for the respondent as a nursery nurse from 30 January 2017 until her summary dismissal on 26 November 2017. She told the respondent at lunchtime on 24 November 2017 that she was pregnant, was then told to go home, and later received a letter dated 24 November 2017 saying there had been complaints from parents about her conduct and that her employment was terminated with effect from that date. The tribunal found that no complaints had previously been notified to her.

On the evidence it accepted, the tribunal found that the dismissal on 26 November 2017 was unfavourable treatment because of pregnancy and occurred within the protected period, contrary to section 18 Equality Act 2010. The claim therefore succeeded.

For remedy, the tribunal found that if she had not been dismissed the claimant would have remained in work until mid-June 2018 and would then have been entitled to statutory maternity pay. It assessed her financial loss at £12,472.94, comprising wages from 27 November 2017 to 11 June 2018, together with maternity pay that would have followed. It also found she lost her tenancy as a result of the dismissal and had to borrow £2,175 to furnish replacement accommodation.

The tribunal accepted the claimant's evidence and a GP report that the dismissal caused increased anxiety and had a significant impact on her normal functioning. Taking that evidence into account, it assessed injury to feelings at £5,000, described as toward the higher end of the lower Vento band. The total compensation was calculated at £19,648.