Case 6000142/2023 · Employment Tribunal
Miss R Robshaw v Philip Williams Estates Limited RECORD OF A PRELIMINARY HEARING Date: 12 January 2024 — 2024
- Case reference
- 6000142/2023
- Decision date
- 28 February 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge James At
Parties
2 namedClaimant
Miss R Robshaw
Key findings
Tribunal's reasoningJudgment on liability had already been entered for the claimant in July 2023 after the respondent failed to file a response; this hearing determined remedy. The tribunal awarded financial loss of £1,500 for underpaid extra-statutory maternity pay, £800 for unpaid commission, £406.84 for money clawed back from the claimant's final wage, and £1,334.99 for underpaid pension contributions during her employment. The tribunal declined to award further sums for credit card or overdraft interest, post-employment pension loss, or personal injury, on the basis that the evidence or medical documentation was insufficient.
For injury to feelings, applying the Vento Guidelines, the tribunal awarded £20,000, placing the award around the middle of the middle Vento band. The judge took into account the effect on the claimant's mental well-being, the continuing failure of Mr Williams to acknowledge the hurt caused, and the impact of the discriminatory treatment, while being careful to distinguish stress and hurt feelings from physical health conditions for which no separate personal injury award was made.
Interest of £2,404.18 was awarded on a broad-brush basis at 8% over 1.25 years from 12 October 2022, producing a total award of £26,446.01 payable free of deductions. The tribunal recorded that no further compensation was due under the unauthorised deduction of wages, unpaid commission, underpaid maternity pay or breach of contract pension heads, to avoid double recovery.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Pregnancy and maternity discrimination | Judgment for the claimant entered on 7 July 2023; today's hearing was the remedy hearing. Underpayment of additional maternity pay and non-payment of pension contributions during maternity leave were held to be unfavourable treatment because of pregnancy under the Equality Act 2010. | Upheld | Pregnancy and maternity | — |
| Unlawful deduction from wages | Tribunal noted at issues 7.1-7.3 that any further compensation under unauthorised deduction of wages, unpaid commission and underpaid maternity pay is covered by the discrimination award; no additional sum awarded to avoid double recovery. | Upheld | — | — |
| Breach of contract | Breach of contract claim relating to unpaid pension contributions; tribunal held no further compensation due under this head to avoid double recovery with the discrimination award. | Upheld | — | — |
Remedy
Monetary award- Total award
- £26,446
- across all upheld claims
- Compensatory award
- £4,041
- compensatory remedy recorded
Legal tests applied
2 references- s.124 Equality Act 2010
- Vento Guidelines
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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