Veitch Penny LLP - Exeter | Crediton, Devon

Case

McGill v Continental Coaches of Cleveland Ltd
Employment Tribunal (21/05/02)

Issues

(1) Sex discrimination
(2) Unfair Dismissal
(3) Pregnancy

Facts

The Applicant informed her employer, the Respondent, that she was pregnant. Shortly before her maternity leave commenced, Mr Peacock, the owner of the Respondent Company, made offensive remarks regarding the employment of working mothers causing "no end of problems". Shortly after the Applicant's maternity leave commenced, she received a pay packet enclosing her P45. The following day she received a letter from the Respondent stating that she was dismissed, because the Respondent was to introduce new technology to the company with which the Applicant was not familiar.

The Respondent did not attend the tribunal hearing and accordingly was not represented. It was noted that the Respondent had been dismissive of the proceedings from the outset and took no part in them. Indeed, Mr Peacock had stated that if he lost he would not pay a penny. Furthermore, Miss Brogan, who was employed as a substitute for the Applicant, stated that the Respondent did not implement any new system whatsoever. Her work was entirely the same as that of the Applicant.

Decision

The Tribunal made a finding that the Applicant had been unfairly dismissed and had been discriminated against by reason of her pregnancy in contravention of the Sex Discrimination Act 1975. Furthermore, the Tribunal made an Award of £4,302.85 by way of loss of earnings to the date of the hearing itself and six month's future loss of earnings from that point.

A further Award was made in the sum of £5,000 for injury to the Applicant's feelings. The Tribunal heard that Mr Peacock had made various remarks regarding the Applicant's pregnancy. His conduct had made the Applicant anxious and the resulting stress led to difficulties in her pregnancy for which medical help had to be sought.

The Tribunal took into account the conduct of the Respondent and the evidence of Miss Brogan when considering an application for costs. The Tribunal found that the Respondent had acted unreasonably throughout the proceedings and accordingly the Respondent was ordered to pay the Applicant's costs in the sum of £2,481.60.

Comments

This case clearly demonstrates the importance accorded by the Employment Tribunal to the previous conduct of the parties in coming to its decisions, and in determining the level of award.