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 Clara Jennings v Ms Davinda Kaur T/a Adhara Hair and Beauty: 1301985/2016 the Employment Tribunal held that the dismissal of a pregnant employee had been discriminatory, awarding her almost £23,000 in compensation.

The facts in Miss Clara Jennings v Ms Davinda Kaur T/a Adhara Hair and Beauty

Ms Jennings commenced employment with Adhara Hair and Beauty, a small hair and beauty salon, from 10 October 2015 as a senior stylist. Ms Kaur ran the salon and relied on Ms Jennings heavily for her experience as a stylist; the two had a positive and friendly relationship and Ms Kaur

On 26 March 2016 Ms Jennings attended work but brought her children with her, due to the absence of a childminder. Ms Kaur considered that Ms Jennings’ children were disruptive and spoke to her about it; Ms Jennings apologise.

On 28 March 2016 Ms Jennings began to suffer from a pregnancy-related illness and began a period of absence on 29 March 2018. Ms Jennings subsequently informed Ms Kaur on 6 April 2018 that she believed that she had been signed off work with a pregnancy-related illness for a further 12 weeks.

On 8 April 2018 Ms Myerscough, a long-standing client of Ms Jennings, attended the salon in Ms Jennings’ absence, to have her hair done. Whilst she was at the salon she taljed to Ms Kaur, and Ms Kaur informed her that it was hard to find reliable staff and difficult to run a business when people had time off due to their children being ill.

On or about 12 April 2018 Ms Kaur sent a letter to Ms Jennings terminating her employment was being terminated due to frequent, unplanned absences and because she had failed to follow the proper absence-reporting procedures. The letter concluded by stating that she was not required to work her notice, but did not address her right of appeal. Her dismissal took effect as of 14 April 2018.

Ms Jennings subsequently brought Employment Tribunal claims for pregnancy and maternity discrimination (section 18 Equality Act 2010) and automatic unfair dismissal (section 99 Employment Rights Act 1996), among others.

Ms Kaur defended the claims on the basis that the reason for Ms Jennings’ dismissal was nothing to do with her pregnancy, but was because of a number of absences from work.

The decision of the Employment Tribunal

The Employment Tribunal held that Ms Jennings’ dismissal was discriminatory and was automatically unfair.

Pregnancy and maternity discrimination

The Employment Tribunal found that Ms Jennings had proved facts from which it could conclude that her dismissal was an act of discrimination: that she had been dismissed only a few weeks after informing Ms Kaur that she was pregnant; that Ms Kaur had informed Ms Myercough on 8 April 2018 that she wished to only employ people without children; and that no meeting was held with Ms Jennings prior to her dismissal.

The Employment Tribunal further held that Ms Kaur had been unable to demonstrate that Ms Jennings’ pregnancy had not formed at least part of the basis for her decision to dismiss.

Automatic unfair dismissal

The Employment Tribunal held that the reason, or the principal reason, for Ms Kaur’s dismissal was for a reason connected with her pregnancy. It therefore upheld her claim for automatic unfair dismissal.

Remedy

The Employment Tribunal awarded Ms Jennings the following sums:

  • Compensation for injury to feelings: £12,500
  • Compensation for other losses: £4,514.62
  • Uplift of 15% due to a failure to comply with the ACAS Code of Practice: £2,652.19
  • Interest: £2,437.02

Our solicitors’ view on Miss Clara Jennings v Ms Davinda Kaur T/a Adhara Hair and Beauty

Chris Hadrill, partner in the employment department at Redmans, commented on the case: “Employers must ensure that they treat pregnant employees, or employees on maternity leave, fairly, and that they do not subject them to any detriments related to or because of their protected status. A failure to ensure equal treatment could potentially mean, as in this case, a claim in the Employment Tribunal is brought.”

The judgments of the Employment Tribunal in Miss Clara Jennings v Ms Davinda Kaur T/a Adhara Hair and Beauty: 1301985/2016 can be found as follows:

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 first name (required)

    Your last name (required)

    Your email (required)

    Your telephone number (required)

    Brief details of your enquiry

    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

    235 Reviews

    Paul O

    Chris & Rana guided me through a redundancy discussion. Prompt & patient assistance with the documents & meetings. Clear advice & fast responses regarding negotiations. Would definitely recommend & would use again without hesitation.

    Posted 1 month ago

    Anonymous

    Outstanding, efficient service. Thank you so much!

    Posted 1 month ago

    Jaswant S

    Very very happy with the good service I got Thank you so much for your help

    Posted 1 month ago

    Anonymous

    Mel and Chris were fantastic and supportive throughout! 1000% recommend.

    Posted 1 month ago

    Emma D

    Good responsive service

    Posted 1 month ago

    Mike T

    Good efficient service.

    Posted 1 month ago

    Brenda G

    Very professional and helpful

    Posted 1 month ago

    Charles A

    Chris Hadrill was recommended to me when I found myself in need of a solicitor at very short notice. He contacted me almost immediately to arrange a call. Chris handled my case in a professional and timely manner and kept me notified throughout. Chris inspired confidence and made me feel I was being cared for. If ever I'm in need of legal representation, I would not hesitate to contact Chris. And will gladly recommend him to family and friends.

    Posted 1 month ago

    Rosalind R

    I was very happy with the service that I received from Redmans Solicitors. They were able to advise me accordingly with regards to my employment matter and stay within the agreed costing.

    Posted 1 month ago

    Karl B

    Caroline and Chris were so helpful and friendly. Couldn't of asked for a better service.

    Posted 1 month ago

    Dimitrios P

    Excellent, professional service, in time and within the expected value.

    Posted 1 month ago

    Barbara K

    Everything quickly and fairly. Very professional. Thank you.

    Posted 1 month ago

    Sabrina J

    I received a efficient professional service during the whole process of liasing between myself and my former employer to getting all forms signed and receiving my redundancy payment in full in the summer of this year.

    Posted 1 month ago

    Anonymous

    I received legal advice on a redundancy settlement agreement from Redmans Solicitors and was very impressed by the quality of their service. Chris Hadrill is highly experienced in settlement matters and was especially understanding of the particulars of my case, going out of his way to ensure that it was resolved quickly and with the utmost professionalism. I have no hesitation in recommending Redmans to anyone in need of employment advice and settlement resolution.

    Posted 1 month ago

    Anonymous

    Excellent service, with full explanations of everything needed. Both Chris and Mel answered all emails very promptly and were personable and efficient.

    Posted 1 month ago

    Anonymous

    I would like to thank Chris Hadrill, in particular who handled my case, for all his hard work, expertise and dedication. He listened with empathy and offered suitable advice, which made me feel valued and confident through a difficult time. I would highly recommend Chris and the team at Redmans Solicitors. Thank you.

    Posted 1 month ago

    Yann G

    Yann Guezennec / Chris Hadrill - Thanks for the detailed, informed and professional advice for my settlement. When comprise is the rule I felt we could have been maybe a bit more aggressive from the start. However an acceptable outcome considering the situation. Thank you

    Posted 1 month ago

    Valentina D

    Great service from Mel, she was very good at explaining every part of the settlement agreement and very efficient dealing with the HR team. Very professional team, I would definitely use them again in future if the opportunity came up.

    Posted 1 month ago

    Olaf S

    I was very happy with the service that I have received. Thank You Regards

    Posted 1 month ago

    Rebecca A

    I had a wonderful solicitor called Caroline who was so helpful and gave me all the information I need and explained everything in detail so I was crystal clear. Would highly recommend if you are in need of a solicitor!

    Posted 1 month ago

    Gareth J

    Very efficient, helpful and pragmatic support from Caroline. Happy to work with my requirements / suggestions but also made some very good points which helped to achieve a higher settlement amount. Would highly recommend Caroline and Chris.

    Posted 1 month ago