Automated Summary
Key Facts
The Claimant, Mrs. R Hayward, suffered unauthorised deductions from wages, including unpaid statutory maternity pay (£4,794.83), holiday pay (£1,344.00), and wages (£5,880.00). The Third Respondent, Mr. Adam Bryson, failed to respond to her claims. The tribunal found her claims under Section 47C of the Employment Rights Act 1996 and Section 18 of the Equality Act 2010 to be well-founded. Mr. Bryson was ordered to pay a total of £24,947.95, comprising £12,147.95 for unpaid wages, £12,000 for injury to feelings due to pregnancy/maternity discrimination, and £800 interest. The Claimant resigned in July 2018 after an 8-month period of nonpayment, which contributed to financial losses and mental health issues including depression and anxiety.
Issues
- The Claimant's claims against the Second Respondent (VOIP Communications International Ltd) were stayed due to ongoing liquidation proceedings, with the company's name amended during the case.
- The Claimant's claims against the First Respondent (Kerbedge Ltd) were dismissed as the company was dissolved and the Claimant did not apply to reinstate it to the register of companies.
- The Third Respondent (Mr Adam Bryson) was found liable for unlawful pregnancy/maternity discrimination under Section 18 of the Equality Act 2010 and unlawful detriment under Section 47(C) of the Employment Rights Act 1996, including unauthorised wage deductions, failure to pay statutory maternity pay, and failure to facilitate return to work.
Holdings
- The Third Respondent (Mr Adam Bryson) is ordered to pay £12,147.95 in unpaid wages, including statutory maternity pay, holiday pay, and wages.
- The Second Respondent's name was amended to VOIP Communications International Ltd, but proceedings are stayed due to liquidation.
- The Third Respondent is ordered to pay £12,000 compensation for injury to feelings caused by unlawful pregnancy/maternity discrimination.
- The total amount the Third Respondent must pay to the Claimant is £24,947.95, combining wages, compensation, and interest.
- Interest of £800 is awarded on the injury to feelings compensation, calculated over 10 months at 8% annual rate.
- The Claimant's claims against the First Respondent (Kerbedge Ltd) are dismissed due to failure to apply for reinstatement to the register of companies.
- The recoupment regulations do not apply to this case.
- The Claimant's claims of unlawful detriment under Section 47(C) of the 1996 Act and unlawful discrimination under Section 18 of the 2010 Act against the Third Respondent are found to be well-founded.
Remedies
- The Third Respondent is ordered to pay £12,000 as compensation for injury to feelings arising from unlawful pregnancy and maternity discrimination. The tribunal found this award in the middle band appropriate due to the Claimant's low mood, depression, anxiety, and loss of confidence over an 8-month period of nonpayment and failure to facilitate return to work.
- The Third Respondent is ordered to pay £800 in interest on the injury to feelings compensation. The interest was calculated from mid-April 2018 (a mid-point) over 10 months (304 days) at 8% per annum, reflecting the 8-month period of nonpayment and the Claimant's worsening financial situation.
- The Third Respondent is ordered to pay the Claimant £12,147.95 for unpaid wages, including statutory maternity pay (£4,794.83), holiday pay (£1,344.00), and wages (£5,880.00), as determined by the tribunal. This also includes financial losses under Section 24(2) of the 1996 Act (£129.12).
Monetary Damages
24947.95
Legal Principles
- The tribunal applied statutory provisions including Section 13 of the Employment Rights Act 1996 (unauthorised wage deductions), Section 47C of the 1996 Act (detriment for family reasons), and Section 18 of the Equality Act 2010 (pregnancy/maternity discrimination).
- Findings were made on the balance of probabilities, as referenced in the tribunal's determination of facts and application of law to the claims.
Precedent Name
- Vento v Chief Constable of West Yorkshire Police (No.2)
- Prison Service and ors v Johnson
- De Souza v Vinci Construction (UK) Ltd
- HM Prison Service v Salmon
Cited Statute
- Employment Rights Act 1996
- Equality Act 2010
Judge Name
Employment Judge Knowles
Passage Text
- The Third Respondent is liable to pay to the Claimant the sums that she has claimed were deducted as follows: a. SMP £4,794.83; b. Holiday pay £1,344.00; c. Wages £5,880.00; d. Financial losses under Section 24(2) of the 1996 Act £129.12; e. TOTAL £12,147.95.
- In my conclusion an award for injured feelings in the middle band is well founded and I conclude that that award should be in the sum of £12,000.00.
- The Claimant's complaints under Section 47(C) of the 1996 Act and Section 18 of the 2010 Act are well founded.