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

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

204 Reviews

Anonymous

Excellent advice and customer service.

Posted 4 weeks ago

Aneet G

I would definitely recommend Redmans. Very impressed with service provided. They were extremely proactive in handling my case which made things easier for me. Provided sound advice and resolution. Special credit for this goes to Chris who dealt with my case with great determination and consideration.

Posted 1 month ago

Fern M

Very efficient and friendly

Posted 1 month ago

Neville S

A professional and friendly service, which I would highly recommend.

Posted 1 month ago

Daniel T

Extremely helpful and made a bad situation much more manageable. Where other solicitors seemed disinterested in my situation Redmans immediately made me feel like it was a team effort to achieve a more favourable outcome

Posted 1 month ago

Paul T

Excellent, quick and informative. Chris was a real star and gave me confidence during the uncertainty if a redundancy settlement.

Posted 1 month ago

Marina E

Felt in very capable hands was listened to and given excellent advice. Would not hesitate to recomend and use again if needed.

Posted 1 month ago

Rosa B

Fabulous service all round.

Posted 1 month ago

Anonymous

Redmans were quick to respond to my enquiry and dealt with my case professionally and personably. I received sound advice and was put at ease by Chris Hadrill, Partner.

Posted 1 month ago

Alkhas K

Excellent service.

Posted 1 month ago

Mathias G

Contacted them regarding my end of employment agreement. Chris Hadrill dealt with it and was done and handed back to employer same day more than happy with there service.

Posted 2 months ago

Mark W

Most professional from start to finish offering very a personal service. Most impressive and quick when dealing with the matters in hand.

Posted 3 months ago

Anonymous

Posted 3 months ago

submit

I am very glad I came across Redmans Solicitors. Fantastic service!

Posted 3 months ago

Anonymous

Fantastic communication, always happy to answer queries, highly recommended.

Posted 3 months ago

Wavenie B

They were very straight to the point, friendly and understanding people. I felt they had my best interest. They were easy to get hold of, replies were almost instant. 5/5 for customer service

Posted 3 months ago

Christina P

Caroline was fantastic to work with - extremely knowledgeable, supportive, thorough and honest. I definitely recommend Redmans!

Posted 3 months ago

Anonymous

Very well done and fast support. Professional and reliable. Highly recommended!

Posted 3 months ago

Helene L

They were very knowledgable in the respected area in terms of change in law/regulations that is crucial for the clients who are seeking for legal arvice.

Posted 3 months ago

Sara R

Very helpful and wonderful advice

Posted 3 months ago

Marie D

very good service all digitalised

Posted 3 months ago