Mrs N Kaminska v Represented by Mr C Moran, Solicitor Your Group Limited — 2020

Mrs Kaminska worked as a dental nurse for Harley Street Smile Limited from 6 March 2017. She found out she was pregnant in about mid-July 2018, started maternity leave on 1 March 2019 and gave birth on 28 February 2019. When Harley went into administration on 20 May 2019, its business and assets were sold immediately to Your Group Limited, and the tribunal found that there was a relevant transfer under regulation 3(1)(a) TUPE 2006. It also found that Ms Kaminska was assigned to the transferred economic entity and that there had been no information or consultation with affected employees under regulation 13.

On the dismissal issue, the tribunal held that Ms Kaminska was dismissed by the first respondent on 30 May 2019 through the combined effect of the messages from the fourth and fifth respondents, the FRP letter, the follow-up call from FRP and the absence of any contact from the first respondent. It found that the sole reason for the dismissal was that she was on maternity leave, so the dismissal was unfavourable treatment within section 18 Equality Act 2010 and was also automatically unfair under section 99 Employment Rights Act 1996. The tribunal found that the fourth and fifth respondents instructed, induced or aided the discriminatory dismissal and that the first, fourth and fifth respondents were jointly and severally liable for the discrimination.

The claims against the second and third respondents were dismissed because there was no sufficient evidence that either was involved in the decision-making after the administration. The tribunal also dismissed the claim for compensation for failure to provide written reasons for dismissal, holding that no specific request for written reasons had been made and that such an award was not competent on the facts found.

On remedy, the tribunal awarded £20,000 for injury to feelings, saying the case fell within the middle Vento band, and £33,197.75 for financial loss, made up of the lost Bournemouth purchase costs, retraining costs and loss of earnings. It also awarded interest of £533.33, taking the discrimination compensation to £53,731.08 before gross-up, and awarded £500 for unfair dismissal by way of loss of statutory rights, £8,013.98 for the TUPE failure to inform and consult, and £589.25 for unpaid accrued holiday pay. No basic award was made because the claimant had already received a statutory redundancy payment. The first respondent's total award was £67,917.57, the discrimination award against the fourth and fifth respondents was grossed up to £56,538.85 each, the claimant was awarded expenses of £832.41, and the tribunal directed the first respondent to make written submissions on a possible financial penalty under section 12A.