In the case of Miss E Taylor v Domino’s Pizza West Country Ltd 1403946/2019 Miss Taylor was awarded a total of £1,000.41 in compensation against her employer for failing to carry out a risk assessment after they knew she was pregnant.
The facts in Taylor v Domino’s Pizza West Country Ltd
Miss Taylor commenced work with Domino’s Pizza West Country Ltd on 18 April 2018 as a delivery driver. On 4 March 2019 she was promoted to Store Manager of the Company’s branch in Exeter Street, Plymouth City Centre on a 26-week probationary period.
On 17 June 2019 Miss Taylor informed Ms Leah Rose (Area Manager for the Company’s 5 stores in Plymouth) via email that she was pregnant and her due date was 30 December 2019. Miss Taylor asked that she be informed when a risk assessment could be pencilled in.
On 23 July 2019 Miss Taylor was called to a meeting with Ms Carys Allen (Business Development Manager) and Ms Rose to discuss some concerns over performance at her store regarding a practice of re-dating of out-of-date stock, and an issue around payment of staff holiday pay. Miss Taylor was told re-dating of products was not acceptable nor company policy and was a breach of food safety. She was also told that she had not followed the correct holiday procedures based on company policy. At the end of the meeting she was told she would be given he notice with immediate effect, paid in lieu plus any outstanding holiday pay.
On 5 August 2019 Ms Allen sent a letter of dismissal to Miss Taylor. She subsequently brought claims for unfair dismissal, discrimination because of her pregnancy and a failure by her employer to carry out a risk assessment.
The decision of the Employment Tribunal
Pregnancy discrimination
Miss Taylor was successful in her claim for pregnancy discrimination. She argued that there was a failure by her employer to carry out a “suitable and sufficient” risk assessment, either written or unwritten and the Tribunal found that there was such a failure. The Employment Tribunal further held that this failure amounted to unfavourable treatment.
The Employment Tribunal awarded Miss Taylor £1,000.41 in compensation for her claim for discrimination, The company was ordered to pay her £900 as compensation plus £100.41 interest on that sum.
Read more about the law on pregnancy discrimination here
Miss Taylor was not successful in her claim for unfair dismissal as the Employment Tribunal found that the reason for her dismissal was the re-dating of stock and holiday procedure issues, not her pregnancy.
Read more about the law on unfair dismissal here
Our lawyers’ views on the case of Taylor v Domino’s Pizza West Country Ltd
Steve Norton, an advanced paralegal at Redmans comments on this case: “The employee had some limited success in her claims winning a small amount of compensation for the employer’s failure to carry out a risk assessment, but she was unsuccessful in the main thrust of her claim linking her dismissal to her pregnancy. Once employers are aware of an employee’s pregnancy they should take steps, as soon as reasonably practicable, to carry out a risk assessment.”
The decision of the Employment Tribunal in Miss E Taylor v Domino’s Pizza West Country Ltd – 1403946/2019 can be found here.
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