List of issues

The following is a sample list of the sort of issues a tribunal will have to decide, it is based on the case described in Precedent 1.

  1. Whether the claimant was discriminated against on grounds of her pregnancy contrary to s18 of the Equality Act 2010: (i)   in the remarks made by Mr Venables to her on 4th October 2016; (ii)   by excluding her from the Group management meetings in October 2016; (iii)  in her dismissal on 18th October 2016 and the rejection of her appeal on 22nd October 2016.
  2. Whether Mr Venables’ remarks to the claimant on 4th October 2016 were unlawful harassment contrary to s26 of the Equality Act 2010.
  3. Whether the claimant’s dismissal was automatically unfair on grounds that she was dismissed for a reason related to her pregnancy contrary to s99 of the Employment Rights Act 1996 and reg 20 of the Maternity and Parental Leave etc Regulations 1999.
  4. Whether the claimant was subjected to detriments short of dismissal for reasons related to her pregnancy contrary to s47C of the Employment Rights Act 1996 and reg 19 of the Maternity and Parental Leave etc Regulations 1999: (i)  in the remarks made by Mr Venables to her on 4th October 2016; (ii) by excluding her from the Group management meetings in October 2016.
  5. Whether the claimant’s dismissal was unfair under s98(4) of the Employment Rights Act 1996.
  6. Whether the claimant is entitled to the balance of four weeks’ pay in lieu of notice.
  7. Whether the claimant is entitled to a declaration and compensation under s93 of the Employment Rights Act 1996 in respect of a failure to give her written reasons for dismissal.

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