Want to talk to an expert employment law solicitor?

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

In Miss N Grant v Hunter Price International Limited & ors ET2410479/2018 the Employment Tribunal awarded over £70,000 to a female employee who had been discriminated against due to her pregnancy.

The facts in Miss N Grant v Hunter Price International Limited

Miss N Grant (the “Claimant”) was successful in her claim for unfair constructive dismissal, pregnancy discrimination, and victimisation against Hunter Price International Limited (the “Respondent”) (see our analysis of the liability judgment here).

A remedy hearing was arranged to discuss and agree compensation.

The Claimant sought the following compensation:

  • Compensation for financial loss
  • Injury to feelings
  • Failure to provide a main statement of terms and conditions
  • Unpaid commission payments

The decision of the Employment Tribunal

Mitigation

The Employment Tribunal found that the Claimant had taken reasonable steps and had shown she had attempted to find alternative work. The Claimant had registered with a number of  temporary agencies and had also tried to earn money by selling goods via eBay. The Tribunal noted the Claimant had a young child which made it difficult for her to travel thus found  that the Claimant was entitled to her losses up to the date of the hearing. The Respondent was found not to have provided any evidence that the Claimant had failed to mitigate her losses.

The Employment Tribunal also found the Claimant had made concerted efforts to find alternative work from January 2019 and was likely to secure work within 6 months so awarded future losses of 6 months.

Injury to feelings

The Employment Tribunal found that the Claimant had been subjected to acts of discrimination from December 2017 which continued after the end of her employment.  After this period the Claimant was then subjected to an act of victimisation by the Respondent/s as her commission payments she was entitled to were withheld.

The Tribunal also considered other aspects of the Claimant’s treatment by the Respondent – these included the lack of a risk assessment being carried out despite her difficult pregnancy, disingenuous use of disciplinary proceedings being commenced against her, and a search for a master spreadsheet that did not in fact exist.  This led to increased pressure on the Claimant resulting in her being off work with stress and anxiety.

The Employment Tribunal awarded £20,000 in respect of injury to feelings, this being at the higher end of the Vento guidelines which was considered an appropriate level of compensation for the stress; distress and upset that the Claimant had suffered over a period of several months.

Statement of main terms and conditions

The Employment Tribunal made an award of 4 weeks’ pay for failure to provide a statement of the main terms and conditions – this was based on the Claimant having been employed for 4 years.

The Tribunal found that the failure of the Respondent to provide the Claimant with details of her contract of employment, disciplinary procedure were seen as contributing to the events that happened, with the Claimant not having any contract to help her understand the processes between December 2017 to March 2018.

Polkey reduction

The Respondent had argued that Polkey applied and should result in a reduction in the award due to the behaviour of the Claimant in making covert recordings of disciplinary meetings.

The Employment Tribunal relied on the case of Phoenix House Limited v Stockman which found that covert recording of a meeting does not necessarily always undermine trust and confidence between an employer and employee. Further, the Tribunal found that the employer did not expressly state in its disciplinary policies that the making of covert recordings would amount to gross misconduct.

The Tribunal also held that the Respondent only decided to take disciplinary action after the Claimant informed them that she was pregnant and that this was discriminatory, and that the making of covert recordings was caused by the Claimant perceiving that she had been subjected to discrimination. The Tribunal found on this basis that it was not just and equitable to reduce the award.

The Tribunal awarded the Claimant a total amount of £73,852.85, comprised of the following:

  • Basic Award: £1,956
  • Commission payments: £563.49
  • Past loss of earnings: £26,691.46
  • Future loss of earnings: £15,384.46 (plus pension contributions for six months)
  • Injury to feelings: £20,000.00
  • Failure to provide a written statement of terms and conditions: £2,853.00
  • Loss of statutory rights: £600.00
  • Interest on injury to feelings: £3,099.17
  • Interest on financial losses: £2,135.05
  • Grossing up as losses exceeded £30,000: £2,548.27

No separate award was made for unfair dismissal as the Employment Tribunal considered  compensation for loss of earnings had been awarded as compensation for discrimination. 

Our lawyers’ views on the remedy judgment in Grant v Hunter Price International Limited

Chris Hadrill, a specialist employment solicitor at Redmans, commented as follows: “If the employer in this case had listed the making of covert recordings as an act of gross misconduct in its disciplinary policies then they would have stood a much greater chance of reducing the award made to the Claimant by the Employment Tribunal. Employers should therefore update their policies and procedures to ensure that they have protection against the making of covert recordings.”

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

    Testimonials

    4.80 Average

    312 Reviews

    Anonymous

    I have been very pleased with the support I got from Redmans Solicitors on my case with my employer. Caroline has always helped me to put things in perspective and showed me different scenarios ultimately to help me taking the right decision. She was very professional and always available when I needed, and at the same time also emphatic which I found also really important to establish a strong relationship. Will definitely recommend!

    Posted 1 day ago

    Anonymous

    Prompt and efficient response to my enquiries. Excellent negotiating skills with my employer which considerably improved the terms of my settlement agreement.

    Posted 2 days ago

    Anonymous

    Very quick and professional service , Rana was very helpful

    Posted 2 days ago

    James G

    Very professional, knowledgeable and kept me informed at every stage of my case. I would highly recommend Redmans.

    Posted 4 days ago

    Pravina P

    Chris was really good and help solve my issues with current company. I would recommend him to anyone.

    Posted 1 week ago

    Paul L

    Sacha was extremely helpful in my matter. I would not hesitate you use Sacha or Redmonds again. Everyone was very helpful.

    Posted 2 weeks ago

    Monique N

    I had Mel Chin helping me with a settlement and she was very professional and reliable throughout my case. Mel provided me with a good understanding of what was happening and gave suggestions on routes I could take. My case was resolved and closed promptly although the opposing side were very difficult to deal with. A very big thank you to Mel and Chris.

    Posted 2 weeks ago

    Jackie C

    My first ever experience needing the services of a solicitor; cannot speak highly enough of Mel and Chris’s personable, reassuring and straight to the point advice in dealing with my settlement agreement. They put me at ease during an extremely stressful time. I am equally as happy with the outcome, as l am their professional services.

    Posted 2 weeks ago

    ""

    Really happy with the service. All very efficient. Mel rattled through things very fast, however was great whenever I needed to stop and ask a question! Would definitely return to Redmans if I ever needed Legal advice.

    Posted 3 weeks ago

    Peter F

    Very helpful and clear advice, would highly recommend.

    Posted 3 weeks ago

    William A

    Second time I have had to use Redmans. They did not disappoint. They are fast , efficient and friendly. I have already recommended them to friends and colleagues. I hope I dont have to use them again but if I have to , they are the solicitors for me.

    Posted 3 weeks ago

    Fleeta C

    Great service with tantastic communications. The solicitor responsible is extremely knowledgeable and was responsible for bringing a timely and desired solution.

    Posted 3 weeks ago

    Veronica M

    Extremely helpful, starting from a request for advice at very short notice, to dedicating time for me to understand and review all documents thoroughly.

    Posted 3 weeks ago

    Sophie R

    Very efficient and professional service. Chris was very empathetic, knowledgeable and personable. Highly recommended.

    Posted 4 weeks ago

    Melanie M

    Very happy with the detailed advice provided from Redmans. They also helped me to secure a higher settlement than originally offered by my employer and were extremely diligent. I first spoke with Chris at relatively short notice and then Sacha dealt with my case. Would definitely recommend and use again in the future if needed.

    Posted 1 month ago

    Anonymous

    Redmans helped me with a work related issue, which was resolved quickly and professionally. I would definitely recommend this company.

    Posted 1 month ago

    James F

    Great people, really friendly and professional helped with everything that I needed.

    Posted 1 month ago

    Anusha S

    My case was handled by Sacha who was very thorough and helped me to achieve a good outcome with my employer. Sacha was very personal, professional and helped me during quite a stressful time, so I am hugely grateful to her and to Redmans. This was my first time engaging with a law firm so I wasn't sure what to expect but I can definitely say that it was a good experience overall and I ended up better off due to having the help of an experienced and proactive solicitor on my side.

    Posted 1 month ago

    Diane P

    So grateful that I contacted Redmans to deal with my Redundancy Agreement. Everything from the initial call to the completion of the matter was professional, efficient and effective. I was listened to, had everything explained simply and kept informed of every step. I received super advice and the costs were very competitive. I would highly recommend them to anyone seeking similar help. First class service - thank you

    Posted 1 month ago

    Chris L

    It was a very efficient and effective service - Would recommend.

    Posted 1 month ago

    Anonymous

    Exceeded my expectations. Very professional and proactive. I highly recommend them.

    Posted 1 month ago