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

    330 Reviews

    Arabella B

    I am so grateful to Caroline Lewis at Redmans Solicitor’s for helping me with my Unfair Dismissal Case. I was seriously impressed how easy Redmans made the whole case, and am very happy with my Settlement. I have recommended your firm to at least 5 people in the last 3 months.. Thank you Caroline and everyone at Redmans. You are Brilliant .

    Posted 1 day ago

    Anonymous

    Highly professional and efficient service.

    Posted 1 day ago

    Tanya T

    I had the pleasure of Chris and Sacha’s experience with a work matter. They made me feel at ease with the process and explained everything thoroughly. Would happily recommend Redmans especially Chris and use them if needed I’m the future. Thank you!

    Posted 1 day ago

    Anonymous

    I used the services of Redmans solicitors and was a quick outstanding service I engaged them in a settlement agreement after been made redundant extremely professional at all that was done and would definetly use them again

    Posted 1 day ago

    Adrian A

    Spot on support, enough to get the matter at hand sorted. No beating around the bush, no nonsense - got the job done and we all moved on.

    Posted 1 day ago

    Mark Q

    Five Stars I was most impressed by the attention, courtesy, speed and above all, professionalism in dealing with my Settlement Agreement. I would certainly have no problem in recommending this firm to anyone in need of their services.

    Posted 1 week ago

    Ade A

    I was surprisingly impressed by how Redmans Solicitors handle my case. From the moment I call them to the absolute end of my case, they always look after my best interest.

    Posted 1 week ago

    Malcolm P

    they were there when others were not

    Posted 2 weeks ago

    Anonymous

    Excellent service all the way through from start to finish. Really great support and guidance from the team, they secured the offer that I wanted. I can't recommend Redmans highly enough and will be sure to use their services again should the need arise.

    Posted 2 weeks ago

    Anonymous

    Efficient and quick service!

    Posted 1 month ago

    Karen B

    Quick response very helpful Issue raised dealt with very quickly

    Posted 1 month ago

    Carmen T

    Redmans give Great service and advice on reading contracts. They can explain all the solicitors jargon into words that you can understand. I received excellent service an I will use them again and again.

    Posted 1 month ago

    Anonymous

    Very grateful for Mel’s efforts in handling my case from start to finish which I would have found very stressful without it. She was very professional, friendly and we had a positive outcome. Highly recommend.

    Posted 1 month ago

    Nalin W

    Mel Chin was my Legal Executive when I engaged the services of Redmans Solicitors to help with a redundancy matter. She was incredibly approachable and professional from start to finish. Specially I have to mention regarding prompt reply to all my email queries, It was super quick. I would thoroughly recommend Mel Chin. Many Thanks

    Posted 2 months ago

    Anonymous

    I'd highly recommend Redmans Solicitors. Mel was very helpful and assisted me throughout my case.

    Posted 2 months ago

    Anonymous

    Sacha was very thorough and very helpful, with great advice on when to act and when to wait on my case.

    Posted 2 months ago

    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 2 months 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 months ago

    Anonymous

    Very quick and professional service , Rana was very helpful

    Posted 2 months ago

    James G

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

    Posted 3 months ago

    Pravina P

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

    Posted 3 months ago