Search
Close this search box.

Employer loses appeal against ACAS uplift after sacking two employees for becoming pregnant at the same time

In Slade and others v Biggs and others Mrs Melissa Biggs and Ms Roxanne Stewart were both employed by Aethelbert Limited, which operates Woodlands Castle and Maunsel House in Somerset as venues for weddings and other events. These are properties which belong to Sir Benjamin Slade or to entities related to him.

In Slade and others v Biggs and others Mrs Melissa Biggs and Ms Roxanne Stewart were both employed by Aethelbert Limited, which operates Woodlands Castle and Maunsel House in Somerset as venues for weddings and other events. These are properties which belong to Sir Benjamin Slade or to entities related to him.

Both Mrs Biggs and Ms Stewart informed Sir Benjamin that they were pregnant. The ET found that Sir Benjamin “found their becoming pregnant at roughly the same time as highly inconvenient”, and “he thereafter decided to dispense with their services and thus avoid the inconvenience of hiring temporary staff to stand in, in their absence”. Sir Benjamin “decided to engineer their departure from their employment”. He set about this by pursuing “a course of conduct”.

In the case of Mrs Biggs, this took the form of a “process” which “took… approximately two months, encompassing several events, including non-payment of SMP (particularly so at Christmas); being subjected to a spurious TUPE transfer to [the Company]; having her grievance ignored and finally the insistence as to a formal resignation from [the Company]”.

The Tribunal determined that the employer discriminated against both women on grounds of their pregnancy or maternity. The Tribunal applied the maximum uplift to both the award for injury to feelings and aggravated damages. The employer appealed this decision on the grounds that by applying the uplift to both awards this amounted to “double counting”.

The EAT dismissed the appeal. It held that there was no obvious or significant double counting applied to the uplift of both awards.

Read more

Latest News

Read More

AI in the workplace: time to ‘get in the game or watch from the side-lines’

22 February 2024

Newsletter

Receive the latest HR news and strategic content

Please note, as per the GDPR Legislation, we need to ensure you are ‘Opted In’ to receive updates from ‘theHRDIRECTOR’. We will NEVER sell, rent, share or give away your data to third parties. We only use it to send information about our products and updates within the HR space To see our Privacy Policy – click here

Latest HR Jobs

Sue Ross Legal are supporting a leading, Sheffield based law firm who have a unique opportunity for a talented and experienced Employment Solicitor or Legal…From

Andy File Associates Limited is working as a Recruitment Agency on behalf of our client with regards this permanent position.*. Who are they looking for*.

Head of Employment and HR Services. We have a unique opportunity for a talented and experienced Employment Solicitor or Legal Executive to head up our…From

Stantec UK & Ireland (UK&I) is a rapidly growing business, through acquisitions and organic growth. Reporting to the HR Director UKI, you will lead a

Read the latest digital issue of theHRDIRECTOR for FREE

Read the latest digital issue of theHRDIRECTOR for FREE