: Mrs J Ward Mr J Burnett Miss A Boyle v Miss A Carroll — 2018

The tribunal unanimously found in the claimant's favour on two monetary claims. It held that, on termination, the respondent had failed to pay the full amount due for accrued paid annual leave under regulations 13 and/or 13A of the Working Time Regulations 1998, and awarded £14,035 gross, described as two days' pay. It also upheld the claim that the respondent had failed to provide a written statement of particulars of employment and awarded £560 under section 38(2) of the Employment Act 2002.

The tribunal dismissed the claim that the respondent refused to permit the claimant to exercise her right to annual leave under regulations 13 and/or 13A of the Working Time Regulations 1998. It also dismissed the claim that the respondent failed to provide written itemised pay statements under section 8 of the Employment Rights Act 1996. The separate claim for other unlawful deductions from wages during the first five weeks after the claimant returned from maternity leave was withdrawn at the hearing and dismissed accordingly.

The tribunal upheld the claim that the respondent refused to permit the claimant to exercise her right to rest breaks under regulation 12 of the Working Time Regulations 1998, but it made only a declaration and no award of compensation. It also refused permission to re-amend the claim so as to advance an alternative maternity discrimination case based on working conditions and the allocation of duties.

The pregnancy discrimination claim had been withdrawn before the hearing and was dismissed to the extent not already disposed of. The separate maternity discrimination claim considered at the preliminary hearing before EJ Wallington QC on 12 January 2018 failed and was dismissed. The only monetary awards recorded in the judgment were £14,035 gross and £560, making a total award of £14,595.