Pregnancy discrimination claim succeeds after employer fails to respond
A former employee won over £41,000 in compensation for sex discrimination and unfair dismissal after her employer failed to defend the claim.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed by Callacab (UK) Ltd.
- The second, third and fourth respondents did not present a response to the claim.
- Judgment was entered against the second, third and fourth respondents under Rule 21.
- The claim against the first respondent was dismissed upon withdrawal.
- The claimant was awarded compensation for discrimination and unfair dismissal.
Timeline
-
Rule 21 judgment
Employment Judge Martin entered judgment against the second, third and fourth respondents for failing to present a response.
-
Remedy hearing
Employment Judge Ferguson held a remedy hearing and awarded compensation.
The legal issue
The tribunal had to determine the remedy for sex discrimination and unfair dismissal claims after liability was established by default due to the respondents' failure to respond.
The outcome
The tribunal awarded the former employee a total of £41,205.29 in compensation for sex discrimination and unfair dismissal.
- Financial losses: £17,133.44
- Injury to feelings: £18,000.00
- Interest on injury to feelings: £3,830.79
- Unfair dismissal compensatory award: £620 (loss of statutory rights)
- Failure to provide written particulars: £1,240
- TUPE compensation: £4,030
Lessons & takeaways
- Employers must respond to tribunal claims within the time limit or risk a default judgment on liability.
- Pregnancy and maternity discrimination can lead to significant awards for injury to feelings, often around £18,000.
- Failure to provide written particulars of employment can result in additional compensation of up to four weeks' pay.
- TUPE breaches can attract separate compensation, so employers must ensure proper information and consultation.
A default judgment that cost over £41,000
This case shows what can happen when an employer fails to engage with tribunal proceedings. The former employee brought claims of sex discrimination (related to pregnancy and maternity) and unfair dismissal against Callacab (UK) Ltd and several individuals. When the second, third and fourth respondents did not submit a response, the tribunal entered judgment against them under Rule 21, meaning liability was effectively admitted.
What the compensation covers
The remedy hearing focused on the financial impact of the discrimination and dismissal. The tribunal awarded £17,133.44 for financial losses, including lost earnings and benefits. A further £18,000 was awarded for injury to feelings – a standard sum for discrimination cases of this nature. Interest of £3,830.79 was added to that award. The total was grossed up to account for tax, resulting in £38,964.23 for the discrimination claim.
Separately, the fourth respondent was ordered to pay £620 for unfair dismissal (reflecting loss of statutory rights), £1,240 for failing to provide written particulars of employment, and £4,030 under TUPE regulations for failure to inform and consult.
What this means for similar claims
For employees, this case highlights that default judgments can be a powerful tool when an employer ignores proceedings. The awards for injury to feelings and TUPE breaches show that tribunals take pregnancy discrimination seriously. For employers, the message is clear: ignoring a claim does not make it go away – it can lead to substantial financial penalties and a binding judgment on liability.
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