Mrs C Photay v (1) KMH Communications Ltd (2) Project Management Retail Services Ltd: 2301839/2016
Jurisdiction | England & Wales |
Judgment Date | 09 August 2017 |
Citation | 2301839/2016 |
Court | Employment Tribunal |
Published date | 30 August 2017 |
Subject Matter | Unfair Dismissal |
Case No: 2301839/2016
10.7 Judgment with reasons – rule 62 March 2017
EMPLOYMENT TRIBUNALS
Claimant: Mrs C Photay
First Respondent: KMH Communications Limited
Second Respondent: Project Management Retail Services Limited
Heard at: Ashford on 1st and 2nd August 2017
Before: Employment Judge Pritchard
Mr C Wilby
Mr N Phillips
Representation
Claimant: In person
Respondent: Miss K Nicol, consultant
JUDGMENT
1 The First Respondent is dismissed from these proceedings
2 The Claimant’s claims of sex/maternity discrimination are dismissed.
3 The Claimant’s claim that she was unfairly dismissed is well-founded and
accordingly succeeds.
REASONS
1. The Tribunal heard evidence from the Claimant on her own behalf and she
put before the Tribunal the witness statement of Beulah Keane (former
manager at Marks & Spencer); Ms Keane did not attend the hearing and
since her evidence could not be challenged in cross examination, the Tribunal
gave it limited weight. The Tribunal also heard evidence from the
Respondent’s witnesses: Peter Hiscox (Director of both the First and Second
Respondents) and Christopher Irving (Director of Taxave Business Centre
Limited, company accountants for the Second Respondent). The Tribunal
was provided with a bundle of documents to which the parties variously
referred. At the conclusion of the hearing the parties made oral submissions.
The issues
2. The claims and issues had been identified at a Preliminary Hearing and can
be described as follows:
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