Mrs E J Ormrod (previously Roach) v Cherish Children-�s Care Ltd (England and Wales : Maternity and Pregnancy Rights) -[2020] UKET 2401848/2019- (17 January 2020)

BAILII

Automated Summary

Key Facts

The Employment Tribunal in Manchester (14-17 January 2020) ruled that Mrs E J Ormrod's complaints of unfair dismissal and pregnancy discrimination under s.18 Equality Act 2010 regarding her dismissal were not well founded. The tribunal also determined it had no jurisdiction to consider two other claims presented out of time: a detriment under section 47C Employment Rights Act 1996 and pregnancy discrimination related to reduced hours.

Issues

  • The tribunal determined that the claimant's complaint of unfair dismissal was not well founded.
  • The tribunal found no well-founded pregnancy discrimination claim under s.18 Equality Act 2010 related to the dismissal.
  • The tribunal determined it could not consider the out-of-time pregnancy discrimination claim under s.18 Equality Act 2010 related to the reduction in hours.
  • The tribunal ruled it had no jurisdiction to address the out-of-time complaint of detriment under section 47C Employment Rights Act 1996 and Regulation 19 of the Maternity and Parental Leave etc Regulations 1999.

Holdings

  • The tribunal does not have jurisdiction to consider the complaint of pregnancy discrimination under s.18 Equality Act 2010 in relation to the reduction in hours which was presented out of time.
  • The tribunal does not have jurisdiction to consider the complaint of detriment under section 47C Employment Rights Act 1996 and the Maternity and Parental Leave etc Regulations 1999 Regulation 19 which was presented out of time.
  • The complaint of pregnancy discrimination under s.18 Equality Act 2010 in respect of the dismissal is not well founded.
  • The complaints of unfair dismissal are not well founded.

Legal Principles

The tribunal determined it lacked jurisdiction to consider two complaints (detriment under section 47C Employment Rights Act 1996 and pregnancy discrimination related to reduced hours) as they were presented out of time. The court applied principles of jurisdiction based on procedural timelines.

Cited Statute

  • Equality Act 2010
  • Employment Rights Act 1996
  • Maternity and Parental Leave etc Regulations 1999

Judge Name

Slater

Passage Text

  • 1. The complaints of unfair dismissal are not well founded.
  • 2. The complaint of pregnancy discrimination under s.18 Equality Act 2010 in respect of the dismissal is not well founded.
  • 3. The tribunal does not have jurisdiction to consider the complaint of detriment under section 47C Employment Rights Act 1996 and the Maternity and Parental Leave etc Regulations 1999 Regulation 19 which was presented out of time.