Leonard v Roma Bernotiene and Freddie Ni... Roma Bernotiene and Freddie Ni... [2012] NIIT 01310_11IT (01 June 2012)

Leonard v Roma Bernotiene and Freddie Ni... Roma Bernotiene and Freddie Ni... [2012] NIIT 01310_11IT (01 June 2012)

The Tribunal found the claimant's dismissal was automatically unfair due to failure to follow statutory procedures and that the real reason for dismissal was her pregnancy, constituting sex discrimination. The Tribunal found the respondent's evidence unreliable and accepted the claimant's account of less favourable treatment and dismissal on grounds of pregnancy.

Citation
[2012] NIIT 01310_11IT
Parties
Claimant: Diane Leonard; Respondents: Roma Bernotiene and Freddie Nixon, t/a City Lady
Jurisdiction
Northern Ireland
Judgment Date
01 June 2012
Procedural Posture
Industrial Tribunal / Final Judgment
Outcome
Claim upheld
Legal Topics
Sex Discrimination, Unfair Dismissal, Pregnancy Discrimination, Redundancy, Unlawful Deduction of Wages, Breach of Contract
Employment Law Discrimination Law Sex Discrimination Unfair Dismissal Pregnancy Discrimination Redundancy Unlawful Deduction of Wages Breach of Contract

Case Brief

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Parties

Diane Leonard

Claimant

Roma Bernotiene and Freddie Nixon, t/a City Lady

Respondents

Procedural Posture

Industrial Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the claimant was unfairly dismissed
  2. 2 Whether the claimant was subjected to sex discrimination on grounds of pregnancy
  3. 3 Whether the respondent failed to comply with statutory dismissal procedures

Ratio Decidendi

The Tribunal found the claimant's dismissal was automatically unfair due to failure to follow statutory procedures and that the real reason for dismissal was her pregnancy, constituting sex discrimination. The Tribunal found the respondent's evidence unreliable and accepted the claimant's account of less favourable treatment and dismissal on grounds of pregnancy.

Court Disposition

Claim upheld

Orders

  • Respondents to pay the claimant £38,235.00 in compensation for unfair dismissal, sex discrimination, loss of earnings, future loss, loss of statutory rights, injury to feelings, and uplift for failure to follow statutory procedures.