Michael Grant discusses the recent County Court appeal of Trecarrel House Limited v Rouncefiled, HHJ Carr, County Court sitting at Exeter, 13 February (unreported) Read more >
Nicholas Bidnell-Edwards succeeded in proving that a recruitment agency had been the employer of two Claimants, and had discriminated against them by failing to make maternity payments. In Daly & Green v. HR Go (Liverpool) Limited & Ors. (Claim No. 2400429/2016) the Respondent recruitment agency maintained that the Claimants had been employed by a series of pay-roll companies. Whilst on maternity leave the Claimants were informed by telephone that their employment had not transferred from the pay-roll company to the Respondent because they were receiving maternity pay. The Claimants were also informed that they would need to go to the Job Centre to obtain their maternity payments. Mr Bidnell-Edwards argued this amounted to a dismissal, and maternity discrimination.
Employment Judge Horne found that the phone calls which informed the Claimants they had not transferred to the Respondent amounted to dismissals as a matter of law. The Judge went on to find the Claimants to have been employed by the Respondent, to have been automatically unfairly dismissed, and to have been discriminated against on the ground of maternity. At the remedies hearing on 9 January 2017 both Claimants succeeded in obtaining Middle Band Vento awards, compensation for loss of earnings and interest on the same.