Want to talk to an expert employment law solicitor?

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

In the case of Ms M Walworth v Scrivens Ltd: 1301685/2017 the Employment Tribunal awarded a claimant over £11,000 in compensation for loss of earnings and injury to feelings after finding that she had been subjected to discrimination.

The facts in Walworth v Scrivens Ltd

Ms Walworth worked for Scrivens Ltdl the company implemented a policy that if an employee left their employment within a particular period of time then they would have to repay a proportion of their training costs incurred.

In August 2015 Ms Walworth informed Scrivens Ltd that she was pregnant and that she would go on maternity leave in April 2016. Human Resources wrote to Ms Walworth on 11 January 2016 to confirm that she was going on maternity leave and that the training repayment period under her training agreement would be ‘paused’ for her period of maternity leave.

Whilst Ms Walworth was on maternity leave she informed Human Resources that she may not return to work from maternity leave; a letter was subsequently sent to Ms Walworth confirming that if she did leave her job then she would have to give twelve weeks’ notice of termination and that she would have to repay the entirety of her training costs.

Ms Scrivens subsequently wrote to Scrivens Ltd to complain that she was submitting her notice of termination and that she believed that the effect of the ‘pause clause’ was discriminatory.

Ms Walworth subsequently brought a claim for constructive dismissal and pregnancy maternity discrimination (among other claims). The Employment Tribunal upheld her claims for discrimination (section 18 Equality Act 2010)  and constructive dismissal.

Our analysis of the liability judgment in Walworth v Scrivens Ltd can be found here.

The Employment Tribunal’s purpose at this hearing was to consider what remedy Ms Walworth was entitled to.

The decision of the Employment Tribunal

In the remedy judgment the Employment Tribunal held that Ms Walworth should be awarded the following compensation:

  • A basic award of £2,615.36 (in respect of the claim for unfair dismissal)
  • Financial losses: £4,148.50
  • Compensation for injury to feelings: £4,374.36 (inclusive of interest)
  • Unpaid holiday pay: £325.59 (inclusive of interest)

Our solicitors’ view on Walworth v Scrivens Ltd

Rana Tandon, a specialist employment solicitor at Redmans, commented on the case: “Employers must ensure that they implement policies in a manner which does not result in any particular disadvantage being imposed to any particular group of persons, otherwise they may face a potential claim for discrimination in the Employment Tribunal.”

The remedy judgment of the Employment Tribunal in Walworth v Scrivens Ltd 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

173 Reviews

Anonymous

Excellent service, compassionate and a good outcome

Posted 19 hours ago

Anonymous

I had an employment issue which required legal advice. Chris was very supportive and knowledgeable, resulting in an optimum resolution in my favour. Would definitely recommend.

Posted 1 week ago

David M

Very professional and first-rate advice. I would use again. With thanks,

Posted 1 week ago

Anonymous

Got the job done swiftly without going too much in to detail.

Posted 1 week ago

Derek W

Redmans dealt with my case very efficiently and I was happy with the outcome.

Posted 1 week ago

Anonymous

Timely professional advice!

Posted 1 week ago

Anonymous

Very good service

Posted 2 weeks ago

Anonymous

I was in contact with Chris and then worked with Caroline on an employment matter. I was very pleased with the service and professionalism throughout, and came away with satisfied with the outcome. Would happily recommend.

Posted 2 weeks ago

Nikki

Received advice re employment law. Chris was very helpful and advised accordingly. Would happily recommend them and if ever I need help again, will not think twice before using them.

Posted 3 weeks ago

Samantha K

Absolutely brilliant thank you. Caroline Lewis is a legend

Posted 2 months ago

Anonymous

The legal advice was clear and helpful.

Posted 2 months ago

Davinder P

Good Service

Posted 2 months ago

Adrian V

I was using Redmans services for a Settlement Agreement. Very quick and professional service. The outcome was favourable and I was very pleased with the amendments and results. Pretty glad to recommend them for any type of legal advice.

Posted 2 months ago

Anonymous

Very responsive, efficient, clear and supportive. Thank you! Highly recommend.

Posted 2 months ago

Tiago S

Chris was always prompt to help me with legal matters that are beyond my comprehension and very helpful leasing with my former employer. I would recommend Redmans Solicitors to everyone who needs help.

Posted 2 months ago

Anonymous

Fast and professional advice tailored to what was needed. Thanks for your help Chris Hadrill and team.

Posted 2 months ago

Peter S

Really pleased with the outcome and the advice I had from Chris and Sacha.

Posted 2 months ago

Harika A

Redmans solicitor's helped me with my settlement agreement, Chris has been very helpful throughout the process.He was very prompt in his responses and made my settlement look simple.Special thanks to Caroline for her efficient communication, thorough explaination of contract terminology and negotiations.I highly reccommend Redmans solicitors for anyone seeking employment related legal help.

Posted 2 months ago

Anonymous

Good and quick service

Posted 2 months ago

Ricky D

Very satisfying to be assured of such attention and professionalism.

Posted 2 months ago

Anonymous

Excellent service - thankyou

Posted 2 months ago