Member K Ramsay Tribunal Member S Singh Ms M Rezvani v Ahro Scientific Publishing Ltd — 2024

The tribunal proceeded in the absence of both respondents after their non-attendance at the final hearing, and only the claimant gave evidence. The claimant’s former solicitors had withdrawn shortly before the hearing, but the tribunal refused postponement applications and heard the case on the papers and oral evidence available.

The tribunal found that the claimant was dismissed by R1 on 22 September 2023. It held that the sequence of communications from R2 on 9, 11 and 22 September 2023, including the request for the office key and the later response of laughing emojis, would objectively be understood as ending the employment relationship on that date. The tribunal found that R2 was the principal decision-maker for R1 and acted as R1’s agent when taking and communicating the dismissal decision, so that R1 contravened section 18 Equality Act 2010 and R2 was personally liable under sections 109 and 110.

On the discrimination claim, the tribunal accepted that the claimant had told R2 that she was pregnant at the end of August 2023, after which the company’s approach to her changed. It found that the dismissal was unfavourable treatment because of pregnancy, that the respondents had not discharged the burden under section 136 Equality Act 2010, and that pregnancy was an effective cause of the dismissal. The tribunal also found that the claimant was within the protected period for section 18 purposes.

On the money claims, the tribunal held that R1 failed to pay the claimant for August 2023 and for the period from 1 to 22 September 2023, amounting to £4,622.24 gross, and failed to pay 12.5 days of accrued untaken holiday, amounting to £1,111.13 gross. It also found a breach of contract because the claimant had contractual entitlement to one month’s notice, awarded damages of £2,062.89, and noted that the claimant mitigated by seeking new work and starting with Royal Voluntary Service on 31 October 2023.

For remedy on the pregnancy discrimination claim, the tribunal awarded £10,000 for injury to feelings, £3,242.95 for financial losses, and £642.78 interest. It declined future loss beyond maternity leave as too speculative, finding that the claimant’s continuing loss would end once maternity allowance and the lower rate of SMP were broadly equivalent. The total award across all successful claims was £21,681.99.