Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

In the case of Miss Ludwiczak v Your Square Limited (3200758/2018), the Employment Tribunal upheld the Claimant’s claim that she was treated unfavourably when she was dismissed whilst pregnant.

The facts in Ludwiczak Limited v Your Square Limited

Miss Ludwiczak (the ‘Claimant’) was employed as a cleaner by Your Square Limited (the ‘Respondent’) from 11 July 2017 to 26 January 2018.  During the course of her employment various performance issues were raised with the Claimant, but after she received a formal warning, her performance improved.  In December 2017 the Claimant informed the Respondent that she was pregnant.  Subsequent to being advised that the Claimant was pregnant there was a series of communications between the Claimant’s line manager and a director of the Respondent in which they discussed the Claimant and whether they could dismiss a pregnant employee.  The Claimant was then dismissed by her line manager on 26 January 2018.

The Law

The Claimant’s claim arose under s18 of the Equality Act 2010.  S18 provides that an employer discriminates against a woman if, in the ‘protected period’ in relation to her pregnancy, they treat her unfavourably because of her pregnancy (S.18(2)(a) or because of illness suffered by her as a result of it (S.18(2)(b)).

The central question for the Employment Tribunal to decide was:

‘Was the Claimant treated unfavourable by being dismissed during the protected period because of pregnancy? The respondent states that the dismissal was because the claimant’s work was unsatisfactory.’

With regards to the burden of proof, it requires a two-stage analysis (Igen v Wong lTD [2005] ICR 931, CA).  At the first stage, the claimant has to prove facts from which the tribunal could infer that discrimination has taken place.  Only if such facts have been proven on the balance of probabilities is the second stage engaged, whereby the burden ‘shifts’ to the respondent to prove that the treatment in question was ‘in no sense whatsoever’ on the protected ground.

The decision of the Employment Tribunal (ET)

It was accepted by the Claimant and the ET that there were some issues with the Claimant’s performance prior to her dismissal and that she was issued with a warning in October 2017.  However, they went on to find that her performance improved after the warning and that employees with worse performance than the Claimant were not dismissed.  The Respondent attempted to rely on 8 separate incidences of poor performance on the part of the Claimant, but the ET held that only one of those was genuinely an issue and that was not serious enough to warrant her dismissal.

The ET held that the Claimant had proven facts from which they were able to infer that discrimination had taken place.  The burden of proof then shifted to the Respondent who failed to show that on the balance of probabilities the dismissal was in no sense whatsoever because of the Claimant’s pregnancy.  Consequently, the ET held that the Claimant had been dismissed because of her pregnancy.

The Employment Tribunal awarded the Claimant the following sums in compensation:

  • £12,024 in respect of loss of earnings (and loss thereon)
  • An ACAS uplift of £1,170
  • Injury to feelings: £13,200
  • Failure to provide written statement of particulars: £900 (three weeks’ gross salary)

Our solicitors’ views on the case of Miss Ludwiczak v Your Square Limited

Sacha Barrett, a Senior Associate in the employment department at Redmans, made the following comment on the case: “this case demonstrates that employers need to be very careful when dismissing pregnant employees as they will need watertight evidence to show that the reason for their dismissal was unrelated to the pregnancy”

The decision of the Employment Tribunal in Miss Ludwiczak v Your Square Limited (3200758/2018) can be found here.

About

Redmans Employment Team deal with employment matters for both employers and employees, including drafting employment contracts and policies, advising employers and employees on compromise agreements, handling day-to-day HR issues, advising on restructures, and handling Employment Tribunal cases for both employers and employees Call 020 3397 3603 to speak to one of the members of our employment team or email us on enquiries@redmans.co.uk. Redmans have offices in Richmond, Chiswick, Hammersmith, Fulham, Kingston, Wimbledon, Ealing, Kings Cross and Marylebone (meetings strictly by appointment only).

Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

Share →

Our awards

Request a callback

Your name

Your email

Your telephone number

Contact us

Please feel free to discuss your own position and concerns. Contact your nearest office on:

T: 020 3397 3603
E: enquiries@redmans.co.uk
W: www.redmans.co.uk

Testimonials

4.76 Average

124 Reviews

Brittany

I was very grateful for Redmans to treat my case with respect and discretion. At the time, I was very new to London and it was meaningful to have someone on my side and win the case for me. Without any doubt, I would definitely recommend Redmans Solicitors to anyone who is in need of it.

Posted 2 months ago

Jake L

Chris is very professional and calm. Very attentive and patient, been a positive experience having Chris represent me, and would recommend him.

Posted 3 months ago

Anonymous

Excellent service. It was a pleasure to work with Chris H, who is brilliant at what he does and very efficient. Their Senior Associate Rana T. is also very knowledgeable and resolves any queries speedily and efficiently. My issue could unfortunately not be resolved, but that was due to my employer and not the firm. Redmans however did all they could. I would definitely recommend them.

Posted 3 months ago

Anonymous

Very pleasant and quick to deal with. Mnay thanks.

Posted 3 months ago

Anonymous

Easy to get hold of. Quick.

Posted 3 months ago

Owen J

Very helpful, efficient service.

Posted 3 months ago

Anonymous

I am very lucky that I worked with Mr. Chris Hadrill and he managed my case very progressively with an analytical approach and trustfully. Of course with a very positive result. I strongly recommend Mr. Hadrill to any one seeking for a successful result from a highly qualified solicitor.

Posted 4 months ago

Kulbir S

Amazing, quick friendly service from Chris from the start and Caroline. They made me feel at ease during a difficult time, they understood and advised accordingly and I am really happy with the outcome of my case. Will always advise anyone who needs legal advice to contact Redmans, I’m so glad that I did and can confidently say I don’t think any other firm could have handled my case any better. Well done guys, wish you all the best and please keep doing what your doing, simply the best!

Posted 4 months ago

Mark A

Excellent service - rapid and “to the point” advice given to ensure meeting the target time frame

Posted 4 months ago

Anonymous

Chris Hadrill kept me sane during the negotiations with my employer. He was courteous professional and he cared about doing the best he could for me. I will use Redmans again if ever I need an employment solicitor. Excellent service.

Posted 4 months ago

Muhammad Z

Awesome services. Professionals at their best .

Posted 4 months ago

Anonymous

Thanks for the advice and for negotiating a good outcome. Good to have the support at a very stressful time

Posted 4 months ago

Chloe F

My solicitor at Redmans was very helpful and efficient. Really pleased with the smooth service.

Posted 4 months ago

Anonymous

Chris was absolutely excellent. Clear and concise, offering sound advice.

Posted 4 months ago

Tim O

Experienced and competent advisors

Posted 4 months ago

Rachel A

Quick and expert assistance. I would highly recommend Chris for any of your legal needs.

Posted 4 months ago

Joe S

I was very happy with the service provided by Chris and the team at Redmans Solicitors. I felt very comfortable discussing all matters with Chris and am very grateful for all the help and guidance I was given throughout the whole process. I would definitely recommend Redmans Solicitors to friends and family!

Posted 4 months ago

Anonymous

I had a very good experience working with Chris Hadrill during a difficult and emotional time. This held true from the moment I spoke to him on the phone, to the end of the process. Overall, he was attentive, professional and highly supportive. He provided sound advice and clarity. It was the reviews that led me to Redmans! I was very happy to know they were all true. I highly recommend working with Redmans Solicitors. Thank-you to the entire team!

Posted 4 months ago

Anonymous

Good service

Posted 4 months ago

Anonymous

Excellent professional service. Highly recommend.

Posted 4 months ago

Rob O

Very prompt response and I could not fault the service. My solicitor listened carefully to the details of my case and I felt very confident in the advice I was offered. All emails and work done on my behalf with my former employer was of the highest standard and Redmans helped take a lot of the stress out of the situation for me.

Posted 5 months ago