Ryan Anderson acted for a woman in her pregnancy discrimination claim against her former employer. She worked a total of 2 shifts before being dismissed because her employer stated that her pregnancy would allegedly cause it financial difficulties (despite the fact the employee would not have qualified for maternity pay).
Although the employee brought her claim several weeks out of time, the employment tribunal at a preliminary hearing allowed it to continue.
The tribunal accepted that the delay was short and the employer’s ability to recall events would be unaffected.
The case settled with Ryan's client obtaining £18,000.
Settlement: key reminders
The settlement highlights:
- employees and workers have the right not to be dismissed for certain protected reasons, eg discrimination or whistleblowing, regardless of their length of service (indeed, such claims could even stem from the recruitment process) - such claims may still have high value.
- if a claim is already out of time, take legal advice as soon as possible to increase the chances of the employment tribunal granting an extension of time and allowing the claim to proceed.
Ryan was instructed by Atkinson Rose solicitors.