Want to talk to an expert employment law solicitor?

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

In the case of Karavadra v BJ Cheese Packaging Limited ET/1305782/2018 an Employment Tribunal awarded the Claimant over £21,000 in compensation after finding that she was dismissed because she was pregnant.

The facts in Karavadra v BJ Cheese Packaging Limited

Mrs Karavadra (“the Claimant”) commenced a trial period with BJ Cheese Packaging Limited (“BJ”) on 8 January 2018 after interviewing for an administrative position with the directors of BJ (Mr Jhinjer and his father, Bob Jhinjer) in early January 2018.

The Claimant successfully completed her 3-week trial period and commenced full employment on 29 January 2018. On 5 February 2018 she suffered a miscarriage and took a day’s unpaid leave before returning to work on 7 February 2018. She informed Mr Jhinjer about her miscarriage and that she hoped to start a period of IVF treatment shortly.

The Claimant commenced IVF treatment on 25 May 2018 and, prior to her IVF treatment starting, she agreed with Mr Jhinjer that she would take one month of annual leave at the appropriate time in order to rest, so that she could avoid a further miscarriage.

In the period 25 May 2018 to 26 June 2018 the Claimant attended a number of IVF-related appointments, and on 24 June 2018 she booked annual leave to run from 27 June 2018 to 27 July 2018. On 13 July 2018 the Claimant discovered that she was pregnant and on 24 July 2018 she texted Mr Jhinjer to ask whether she could have two more weeks off work on annual leave. Mr Jhinjer replied ‘ok, no problem’.

On 8 August 2018 the Claimant sent a text message to Mr Jhinjer confirming that she would return to work on 13 August 2018. She received no response to this message. On 10 August 2018 Mr Jhinjer called the Claimant and stated that her long period of annual leave had caused staff shortages, and that as a result of this he had had to cancel his holiday. The Claimant informed Mr Jhinjer that she was pregnant. Mr Jhinjer encouraged her to take a further two to three months off work but the Claimant said that she wanted to return to work. Mr Jhinjer said that he would call the Claimant back but did not do so.

On 22 August 2018 the Claimant attended BJ’s premises and spoke to Bob Jhinjer. He said that he was unaware that his son had agreed for her to take such along holiday and that he would not have approved this. He also said that he was unaware that she had IVF treatment and confirmed that he would not allow the Claimant to return to work.

On 6 September 2018 the Claimant received a P45 showing a termination date of 13 July 2018.

The decision of the Employment Tribunal

The Employment Tribunal held that the Caimant had been automatically unfairly dismissed from her employment as she had been dismissed for the sole or principal reason that she was pregnant (section 99 Employment Rights Act 1996).

The Employment Tribunal also held that the Claimant had been treated unfavourably because of her pregnancy (section 18 Equality Act 2010) in being dismissed, not being paid her wages, and not being paid her notice pay.

The Claimant was awarded the sum of £21,081.14 as compensation for her claims, comprised as follows:

  • Basic Award: £290.40
  • Loss of earnings: £1,593
  • Statutory Maternity Pay: £6,474.60
  • Loss of statutory rights: £500
  • Loss of wages: £348.47
  • Notice pay: £265.50
  • Injury to feelings: £10,041.18
  • ACAS uplift: £1,916.46

Our solicitors’ comments on Karavadra v BJ Cheese Packaging Limited

Chris Hadrill, a specialist employment solicitor at Redmans, commented on the case: “This case emphasizes that employers must take a conscientious, fair and diligent approach towards employees who are absent from work due to a period of IVF treatment, failing which they can potentially face a costly and public Employment Tribunal claim (as in this case).”

The decision of the Employment Tribunal in Karavadra v BJ Cheese Packaging Limited ET/1305782/2018 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 first name (required)

    Your last name (required)

    Your email (required)

    Your telephone number (required)

    Brief details of your enquiry

    Testimonials

    4.79 Average

    273 Reviews

    Mark M

    I found Redmans very easy to work with. Mel was very responsive, her advice led to an improved settlement. . Recommended.!

    Posted 2 days ago

    Anonymous

    Fantastic service. I would recommend Redmans to anyone who needed a Solicitor. The communication was second to none and consistent clear guidance was given.

    Posted 4 days ago

    Anonymous

    Everyone I dealt with at Redmans were professional, empathetic & always responded promptly and helped make the transition as smooth & efficient as possible for me. If you need legal advice, don’t hesitate & contact the team.

    Posted 6 days ago

    Anonymous

    Sacha was incredibly helpful and professional. Timely and accurate advice at a time I most needed it. I was extremely impressed and grateful.

    Posted 6 days ago

    Sue W

    The people at Redmans talk to you with respect and make you feel like they take your situation personal. They clearly care and are extremely professional. I have recommended Redmans to many people.

    Posted 3 weeks ago

    Anonymous

    Redmans Solicitors were consistently prompt, efficient and professional from the start of my reaching out to them for support in relation to contentious negotiations of an employment matter that continued for almost two months resulting in a positive settlement agreement. Chris Hadrill was diligent, thorough, empathetic and objective in his advice and guidance, showing deep and broad knowledge of the law and legal processes plus extensive practical experience in handling complex matters, resulting in clear and pragmatic advice in ambiguous circumstances that resulted in a very good outcome. I fully recommend Chris Hadrill and Redmans Solicitors! I have made this review anonymous purely because of the confidentiality obligations in the settlement agreement concluded.

    Posted 1 month ago

    Michelle W

    Redmans solicitors provided legal support and advice for a settlement agreement. Excellent customer service, very professional. The senior associate solicitor kept me updated throughout the process, showed empathy and the agreement was signed-off / completed within the agreed timeline.

    Posted 1 month ago

    Mark W

    Redmans Solicitors were extremely professional and helpful! Chris Hadrill handled my case and was an amazing help! His guidance, advice and understanding to my redundancy settlement were always clear, concise and very helpful and I am very grateful to him, and glad I found Redmans to help with my settlement. I highly recommend them!

    Posted 1 month ago

    Alison M

    Very happy with the advice I received

    Posted 2 months ago

    Margaret A

    I found everything about the company to be extremely professional and efficient. During my initial contact with Chris, he listened well and was reassuring, so I felt confident that my case would be well handled. Caroline was excellent at explaining all the legal points and answering my questions, as well as being very supportive and understanding throughout the process. I would definitely recommend this company.

    Posted 2 months ago

    Sanja K

    Very efficient and professional service.

    Posted 2 months ago

    Anonymous

    I found the advice I was given by Redmans Solicitors to be clear and useful and found the solicitor on my case to be both knowledgeable and approachable.

    Posted 2 months ago

    Karen T

    Great service. Thank you.

    Posted 2 months ago

    Anonymous

    Excellent service from Chris & Mel Chin. The best outcome was achieved from the redundancy process. They were extremely thorough, listened carefully and acted swiftly on my behalf. I highly recommend Redmans Solicitors

    Posted 2 months ago

    Shanine M

    Excellent service, thank you so much!

    Posted 2 months ago

    Anonymous

    I found Caroline and Chris very Helpful and provided excellent service. Caroline especially provided great legal advice and made me feel at ease with the whole process. I would highly recommend them. Thank you!

    Posted 2 months ago

    Gayle B

    Excellent company very professional would definitely recommend

    Posted 2 months ago

    Alex K

    Redmans provided an excellent service, timely and effective. Will definitely recommend.

    Posted 2 months ago

    Anonymous

    Great job done on my employment law

    Posted 2 months ago

    Dominica S

    Caroline & Chris were very prompt and efficient.Very happy with the service and will definitely recommend Redmans Solicitor to everyone !

    Posted 2 months ago

    Sandra K

    If you are looking for a group of solicitors who are Professional, Caring and on point, then look no futher than Redmans. I was literally hand held through out my case. Can not find fault with this company, very happy with the result and the service i received. Would highly recommend Redmans.

    Posted 2 months ago