; Members Mr R McPherson and Mr V Alexander Ms A McKnight v Represented by: Mr B McKinlay - Trainee Solicitor F Limited and 1 other — 2023

The tribunal found that Ms McKnight was employed continuously by WBI Limited from 15 November 2020 to 20 May 2022, first at Word Up and later at Fenwick/Fenwick Tapas in Greenock. It accepted that WBI recruited her, paid her, seconded her to Fenwick and remained her employer throughout; there was no evidence that her employer changed when she moved sites.

The tribunal found that WBI became aware of her pregnancy in the last week of January 2022. From the end of March 2022 she was given noticeably fewer shifts despite saying she was available, and the tribunal upheld both the section 47C ERA detriment complaint and the section 18 EqA pregnancy complaint on the basis that she was offered fewer shifts because of her pregnancy and was not properly engaged with about accommodating the pregnancy, maternity leave and maternity pay.

It also found that she was dismissed because of her pregnancy after trying to contact HR about maternity leave and pay. When she spoke to Ms Lynsey Penman on 20 May 2022 she was told she had been "P45'd", and the tribunal treated that as dismissal. It held the dismissal was automatically unfair under section 99 ERA 1996 and found no other reason such as performance or conduct. The tribunal further found that she had not been given a compliant written statement of terms and conditions during employment, although a document in the bundle had only been shown to her later during settlement discussions.

On remedy, the tribunal awarded £9,900 for injury to feelings, applying the lower Vento band, with interest at 8% from 20 May 2022; £5,465.12 for unfair dismissal, comprising £2,006.13 past loss and £3,458.99 future loss; and an additional £591.28 under section 38 ERA 1996, equal to four weeks' pay, with interest at 8% from the date of judgment. It also noted that, but for the dismissal, she would likely have continued working until 23 August 2022 and would have qualified for statutory maternity pay.