Plesca v Fort Engineering Ltd

Case Summary

Mrs Plesca was dismissed by Fort Engineering Limited on 12 July 2023 while on maternity leave. The tribunal found the dismissal unfair under section 99 ERA (dismissal related to maternity), constituted pregnancy and maternity discrimination under the Equality Act 2010, and breached the contract by failing to provide proper notice. The claimant was awarded compensation for unfair dismissal, injury to feelings, loss of earnings, and unpaid holiday and notice pay, with a 20% ACAS uplift applied.

The tribunal found the dismissal unfair because it was related to the claimant's maternity leave, breaching section 99 of the Employment Rights Act 1996, and also constituted pregnancy and maternity discrimination under section 18(4) of the Equality Act 2010. Additionally, the unfair dismissal complaint under section 98 ERA was also well-founded, and the claimant was entitled to payment in lieu of unused holiday and notice pay that the respondent failed to provide.

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• •Dismissal during maternity leave
• •Pregnancy and maternity discrimination
• •Unfair dismissal under ERA section 99 and section 98
• •Failure to pay correct amount in lieu of unused annual leave
• •Failure to provide written statement of reasons for dismissal
• •Payment in lieu of notice period
• •Breach of contract

Case No: 3313227/2023 EMPLOYMENT TRIBUNALS Claimant: Mrs V Plesca Respondent: Fort Engineering Limited Heard at: Watford Employment Tribunal (In Public; In Person) On: 23 to 26 March 2026 Before: Employment Judge Quill; Ms S Boot; Mr I Murphy Appearances For the Claimant: Mr J Jotangia, counsel For the respondent: Mr G Williams, litigation executive JUDGMENT Liability 1. The time limit for presenting each of the complaints which succeeded (as set out below) was extended by ACAS early conciliation certificate number R240279/23/92. Every such complaint was therefore in time. 2. The Claimant was dismissed by the Respondent, by the email sent to the Claimant on 12 July 2023 at 16:38. 3. The effect of that email was that the Claimant was given 3 weeks’ notice of dismissal. The effective date of termination was therefore 2 August 2023. 4. The dismissal reason was of a kind specified in Regulation 20 Paragraph (3) of the Maternity and Parental Leave etc Regulations 1999. The dismissal was unfair because of section 99 the Employment Rights Act 1996 ("ERA"). 5. Additionally, the unfair dismissal complaint relying on section 98 ERA was also well-founded. 6. The dismissal contravened section 39(2) the Equality Act 2010 ("EQA"). The Case No: 3313227/2023 dismissal was as an act of Pregnancy and Maternity discrimination as defined by section 18(4) EQA. 7. The complaint about failure to pay the correct amount in lieu of unused annual leave succeeds. 7.1. The claimant did not use more than her entitlement in the year 1 December 2021 to 30 November 2022. 7.2. The period 1 December 2022 to 2 August 2023 is 245 days. For that year, her entitlement would have been to 245/365 x 5.6 weeks. 7.3. For that year, she used no annual leave, as she was on maternity leave throughout. 7.4. In the period 1 December 2021 to 30 November 2022, the Claimant used 18 days, in addition …