Members: Ian Poad Martha McAllister Ms Heather McColville v Represented by: Mr E Mowat -15 Solicitor Z A Care Ltd — 2018

The claimant worked as a care worker for the respondent from 5 February 2011. She became pregnant in 2016, told Mr Robb she intended to start maternity leave on 3 March 2017 and return in December 2017, and her SSSC registration later lapsed while she was on leave. After letters dated 15 August and 5 September 2017, the claimant completed a fresh application on 15 December 2017. The tribunal preferred the claimant's account of the 18 December telephone call and found that, when she asked if she still had a job, Mr Robb replied "No"; that was the dismissal.

On reason, the tribunal found the dismissal was caused by Mr Robb's frustration at the claimant's lack of contact and late registration renewal, not by pregnancy or maternity leave. It therefore dismissed the section 99 ERA 1996 complaint, the regulation 20 Maternity and Parental Leave Regulations 1999 complaint, and the section 18(4) Equality Act 2010 pregnancy and maternity discrimination complaint. The tribunal referred to Atkins v Coyle Personnel plc and O'Neill v Governors of St Thomas More Roman Catholic Voluntarily Aided Upper School when addressing causation.

The ordinary unfair dismissal claim under section 98 ERA 1996 succeeded because, once dismissal was found, the respondent had not advanced a fair reason. For remedy, the tribunal awarded a basic award of £1,614 and a compensatory award of £1,300 after reducing the compensatory element by 20% for contributory conduct; it limited the loss period to 2 March 2018 because the claimant's later six-week job broke the causal chain, and it made no reduction to the basic award. It also awarded £1,470 for breach of contract and notice pay, giving a total monetary award of £4,384.