Camac v Craig Bennett T/A The Bennetts... [2009] NIIT 1139_08IT (16 September 2009)

Camac v Craig Bennett T/A The Bennetts... [2009] NIIT 1139_08IT (16 September 2009)

The claimant was dismissed by reason of her pregnancy or maternity, amounting to automatic unfair dismissal and sex discrimination. The respondent's explanation of a fixed-term contract was rejected as not credible. The less favourable treatment and dismissal were on grounds of pregnancy and exercising maternity rights.

Citation
[2009] NIIT 1139_08IT
Parties
Claimant: Louise Camac; First Respondent: Craig Bennett T/A The Bennetts Mace; Second Respondent: Bennett’s Northern Ireland Ltd
Jurisdiction
Northern Ireland
Judgment Date
16 September 2009
Procedural Posture
Industrial Tribunal / Final Judgment
Outcome
Claim for unfair dismissal and sex discrimination upheld against the second respondent; dismissed against the first respondent.
Legal Topics
Sex Discrimination, Unfair Dismissal, Pregnancy and Maternity Rights, Compensation for Injury to Feelings, TUPE Transfer
Employment Law Discrimination Law Sex Discrimination Unfair Dismissal Pregnancy and Maternity Rights Compensation for Injury to Feelings TUPE Transfer

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Parties

Louise Camac

Claimant

Craig Bennett T/A The Bennetts Mace

First Respondent

Bennett’s Northern Ireland Ltd

Second Respondent

Procedural Posture

Industrial Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the claimant was unfairly dismissed on the basis of her pregnancy contrary to the Employment Rights (Northern Ireland) Order 1996
  2. 2 Whether the respondent discriminated against the claimant on the grounds of sex contrary to the Sex Discrimination (Northern Ireland) Order 1976
  3. 3 Whether the claimant's contract was for a fixed term or permanent

Ratio Decidendi

The claimant was dismissed by reason of her pregnancy or maternity, amounting to automatic unfair dismissal and sex discrimination. The respondent's explanation of a fixed-term contract was rejected as not credible. The less favourable treatment and dismissal were on grounds of pregnancy and exercising maternity rights.

Court Disposition

Claim for unfair dismissal and sex discrimination upheld against the second respondent; dismissed against the first respondent.

Orders

  • Second respondent to pay claimant £14,423.25 as compensatory award for discrimination (including interest)
  • Second respondent to pay claimant £8,889.60 for injury to feelings (including interest)