Miss L Newton v Whirlow Hall Farm Trust: 1802248/2018
| Judgment Date | 10 August 2018 |
| Date | 10 August 2018 |
| Citation | 1802248/2018 |
| Published date | 26 February 2019 |
| Court | Employment Tribunal |
| Subject Matter | Sex Discrimination |
Case Number: 1802248/2018
10.5 Reserved judgment with reasons – rule 61 March 2017
1
EMPLOYMENT TRIBUNALS
Claimant: Miss L Newton
Respondent: Whirlow Hall Farm Trust
Heard at: Sheffield 10 and 11 July 2018
In chambers: 19 July 2018
Before: Employment Judge Brain
Members: Mrs E M Burgess
Mr L Priestley
Representation
Claimant: In person
Respondent: Mr R Lassey of Counsel
RESERVED JUDGMENT
The Judgment of the Employment Tribunal is that:-
1. The claimant has permission to amend her claim to include a contention that she
gave to the respondent written notice of her pregnancy by way of text message
dated 10 July 2017. The Tribunal finds that the claimant gave written notice to the
respondent of the fact of her pregnancy for purposes of Regulation 18(1) of the
1999 Regulations by text message on 10 July 207.
2. The claimant’s claim that the respondent failed to carry out a general risk
assessment pursuant to Regulation 3 of the Management of Health and Safety at
Work Regulations 1999 (‘the 1999 Regulations’) and thus discriminated against her
because of the protected characteristics of sex and pregnancy contrary to the
Equality Act 2010 (‘the 2010 Act’) and was subjected to a detriment by reason of
that failure contrary to section 47C of the Employment Rights Act 1996 (‘the 1996
Act’) is dismissed following withdrawal of those complaints by the claimant.
3. The respondent did not unduly delay the carrying out of an individual risk
assessment as required by Regulation 16(2) of the 1999 Regulations following the
written communication furnished by the claimant on 10 July 2017. The failure do
an individual risk assessment did not result in the claimant suffering any detriment.
Accordingly, the complaints of discrimination related to the protected characteristic
Case Number: 1802248/2018
10.5 Reserved judgment with reasons – rule 61 March 2017
2
of pregnancy brought under 2010 Act and detriment brought under the 1996 Act fail
and stand dismissed.
4. The complaint of sex discrimination brought under the 2010 Act is dismissed by
reason of the application of section 18(7) thereof.
5. The claimant’s claims brought under the 2010 Act were presented to the Tribunal
within the time limit provided by section 123 of the 2010 Act. Accordingly, the
Tribunal has jurisdiction to consider those complaints. In the alternative, it is just
and equitable to extend time in order to vest the Tribunal with jurisdiction to
consider them.
6. The complaint brought under the 1996 Act was presented to the Tribunal within the
time prescribed by section 48 of that Act.
REASONS
1. The Tribunal heard evidence in this case on 10 and 11 July 2018. After hearing
evidence from both parties the Tribunal gave directions that the parties should
present to the Tribunal and serve upon one another written submissions. The
parties complied with that direction. Accordingly, the Tribunal deliberated in
chambers on 19 July 2018. As we reserved Judgment, we now give our
reasons for the Judgment that we have reached.
2. This case benefited from a preliminary hearing that came before Employment
Judge Little on 3 April 2018. It was recorded in the minute prepared following
that hearing that by a claim form presented on 5 February 2018 the claimant
brought the following complaints:-
2.1. Sex discrimination.
2.2. Pregnancy discrimination.
2.3. Detriment by an act or omission upon the part of the respondent relating
to the claimant’s pregnancy.
3. The complaints of sex discrimination and pregnancy discrimination were
brought under the 2010 Act. The complaint of detriment related to pregnancy
was brought under the 1996 Act.
4. By section 18 of the 2010 Act, a person discriminates against a woman if in the
protected period in relation to a pregnancy of hers that person treats the
complainant unfavourably because of the pregnancy. The protected period in
relation to a woman’s pregnancy begins when the pregnancy begins and ends
(inter alia) at the end of the additional maternity leave period or (if earlier) when
she returns to work after the pregnancy. There was no dispute that upon the
facts of this case all of the events with which we are concerned occurred during
the protected period.
5. By section 13 of the 2010 Act a person discriminates against another if
because of a protected characteristic (which in this case is the claimant’s sex)
the complainant is treated less favourably than others were or would be treated.
6. By section 18(7) of the 2010 Act, section 13 so far as relating to sex
discrimination does not apply to treatment of a woman in so far as that
treatment occurs in the protected period in relation to her and the complaint is
of unfavourable treatment because of pregnancy.
To continue reading
Request your trial