- Philippa Ratcliffe presented her claim to the Tribunal on 11 May 2022 after a period of early conciliation from 10 March 2022 to 20 April 2022. She commenced employment with the Respondent on 20 March 2017 as a Lettings Co-ordinator dealing with the property management of rental properties. Her employment (we find) ended on 11 February 2022 by which time her job title was Associate Director and she was on maternity leave having given birth to her fourth child in December
- She brings claims of unfair dismissal or, in the alternative, constructive unfair dismissal, pregnancy and maternity discrimination. The incidents of which she complains in support of her claims are relevant to both the unfair dismissal and discrimination claims. In essence, she relies on unfavourable treatment due to her pregnancy and maternity leave by the Respondent towards her and the details of those incidents are set out below. They are also set out in her particulars of claim which are complicated by the fact that the allegations are set out twice.
- The Respondent denies dismissing Philippa Ratcliffe and denies engaging in any unfavourable treatment towards her because of her pregnancy or maternity. It further denies that it engaged in any conduct which amounted to a fundamental breach of the implied term of trust and confidence contained within Philippa Ratcliffe’s contract of employment.
- The unfair dismissal claim arises out of Philippa Ratcliffe’s letter emailed to the Respondent on 10 January 2022 which was headed “Without Prejudice as to Save Costs”. Whether this letter was privileged was addressed in the two Preliminary Case Management Hearings before my colleagues Employment Judges Blackwell and Hutchinson. This was to be a matter to be addressed at this hearing but, at the commencement of the hearing, Ms Redman confirmed that privilege was being waived. This was entirely the correct course of action as the Tribunal would not have been able to determine the claim of unfair dismissal without reference to that