Mrs CP Darling v R & M Gaskarth (England and Wales : Breach of Contract : Maternity and Pregnancy Rights : Unfair Dismissal) [2017] UKET 2402402/2016 (13 February 2017)

Mrs CP Darling v R & M Gaskarth (England and Wales : Breach of Contract : Maternity and Pregnancy Rights : Unfair Dismissal) [2017] UKET 2402402/2016 (13 February 2017)

The tribunal found that the claimant was unfairly dismissed in breach of her maternity and pregnancy rights, constituting a breach of contract.

Citation
[2017] UKET 2402402/2016
Parties
Claimant: Mrs CP Darling; Respondent: R & M Gaskarth
Jurisdiction
United Kingdom
Judgment Date
13 February 2017
Procedural Posture
Employment Tribunal / Judgment
Outcome
Claim upheld
Legal Topics
Breach of Contract, Maternity and Pregnancy Rights, Unfair Dismissal
Employment Law Breach of Contract Maternity and Pregnancy Rights Unfair Dismissal

Case Brief

Summary, issues, holding and outcome

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Parties

Mrs CP Darling

Claimant

R & M Gaskarth

Respondent

Procedural Posture

Employment Tribunal / Judgment

Legal Issues

  1. 1 Whether the claimant was unfairly dismissed
  2. 2 Whether the claimant's maternity and pregnancy rights were breached
  3. 3 Whether there was a breach of contract

Ratio Decidendi

The tribunal found that the claimant was unfairly dismissed in breach of her maternity and pregnancy rights, constituting a breach of contract.

Court Disposition

Claim upheld

Orders

  • Respondent to pay compensation to the claimant for unfair dismissal and breach of contract