Carnival plc T/a Carnival UK

Case Summary

The Employment Judge found that the Claimant was unfairly dismissed due to a lack of awareness of the impact of her pregnancy on scoring, but no evidence of prejudice against her because she was pregnant or on maternity leave. The Respondent will pay £13,248.52 in compensation.

The Employment Judge found the claimant was unfairly dismissed because the respondent failed to properly communicate or ensure the claimant was aware of how her pregnancy would impact her scoring in the dismissal process, even though there was no evidence of direct pregnancy discrimination.

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• •The Claimant was unfairly dismissed and automatically unfairly dismissed contrary to the Maternity And Paternity Leave Regulations 1999.
• •The Claimant's claim of discrimination contrary to section 18(2) and 18(4) Equality Act 2010 is dismissed.

1 EMPLOYMENT TRIBUNALS Claimant Respondent Ms Laura Hunter v Carnival PLC (Trading as Carnival UK) Heard at: Southampton On: 8,9 and 10 November and 3 February 2023 Before: Employment Judge Rayner Mr R Spry-Shute Mr Ruddick Appearances For the Claimant : In Person For the Respondent: Mr Bromige of counsel JUDGMENT Declaration 1. The Claimant was unfairly dismissed. 2. The Claimant was automatically unfairly dismissed contrary to section 20(3) and section10 MAPLE Regulations 1999. Discrimination 3. The Claimant’s claim of discrimination contrary to section 18(2) and 18(4) Equality Act 2010 is dismissed. Remedy 4. The Respondent will pay to the Claimant the sum of £13,248.52 which is comprised of the following sums: Loss of earnings from 29 June 2020 – 31 June 2022 £11091.04 Pension loss from 29 June 2020 until 31 June 2022 £1657.48 Loss of statutory rights £500.00 2 5. The recoupment regulations will apply to this award and the following findings are made in that respect: a. The prescribed element of the award is £13,248.52. b. For recoupment the period is the effective date of termination until the date of hearing today which is 3 February 2023. c. there is no difference between the prescribed element and the total award Reasons 1. The Claimant brings a claim of ordinary unfair dismissal automatically unfair dismissal, contrary to the Maternity And Paternity Leave Regulations 1999 and brings claims of discrimination on grounds of pregnancy contrary to section 18(2) and 18(4)of the Equality Act 2010. 2. A telephone case management hearing took place on 22 October 2021 and a draft list of issues was agreed. 3. The claim was listed for three days but shortly before the hear…