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£41,000 award for agent discriminated against because of pregnancy

An estate agent has been awarded over £41,000 by an employment tribunal - after her offer to settle for £10,000 was rejected by her former employer.

The Cornwall Live website carries a lengthy story of how Kelly Bosch from Newquay won the payout after it was ruled that her former employer - FAC Property Consultants Ltd - discriminated against her because she was pregnant.

Bosch made the initial complaint after her employer first considered making her redundant and then commenced capability proceedings against her after she informed it that she was pregnant.

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As part of her employment tribunal claim, she claimed "intimidation and discrimination at the hands of the owner" and claimed she was ill-treated because of her pregnancy and her religion.

In her claim, dating back to 2018, Bosch said she could no longer work for the company “due to intimidation and discrimination at the hands of the owner” adding: “I now have anxiety and stress issues which I have never experienced before in my life. I am due to have a baby in one week and FAC have made the entire pregnancy almost insufferable due to stress. I have worked very hard in my career for many years since university and I feel they have ruined this for me.”

FAC Properties told the tribunal there was no discrimination, claiming that Bosch had failed to improve a poor sales record. The company claimed that capability proceedings were started against her due to a “lack of results”, and not with a view to her dismissal.

However, the tribunal has upheld her complaint of discrimination on the grounds of pregnancy and maternity, and held that she was threatened with dismissal on the grounds of capability because she announced she was pregnant. 

The Cornwall Live report states: “[The tribunal] found that there were a number of examples of Mrs Bosch’s having being treated unfavourably because of her pregnancy, including being pressed to accept a demotion immediately following the announcement of her pregnancy, being threatened with redundancy and being invited to a capability hearing with a view to dismissal.”

The tribunal also upheld her complaint of harassment on the grounds of religion and belief in respect of the remarks made at a meeting and an e-mail; a complaint of direct discrimination on the grounds of religion and belief was dismissed.

Bosch - who represented herself at the hearing - was awarded compensation totalling £41,065. However she says she is yet to receive payment from the firm.

Estate Agent Today has asked FAC Properties for its comment.

You can see the full local media report on the tribunal here.

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    Liquidate the company boys and let her "whistle"........completely biased (against the employers that provide the employees income ) Employment Tribunal run by people that have never employed people in their life. Good luck FAC Properties !

    Algarve  Investor

    What a charmer you are! You seem annoyed that the company acted improperly and has been found out, as should be the case. The firm's lack of response says it all.

    It's not always a big conspiracy against the employers of this country, you know. Sometimes employees are treated badly by employers and are rewarded financially for this mistreatment - as should be the case in any civilised society. FAC Properties had the chance to settle at £10,000 and ended up paying out (well, they still haven't paid it yet, it would seem), four times as much as that. Doesn't seem like very good business, does it?

     
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    And I hope they don't pay her a penny :) Good luck FAC Properties ! .......

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    Better still FAC Properties........transfer all computers, desks and other office equipment legally into a new limited company (keep a written inventory) so when she calls in the bailiffs for her ill acquired award monies there's nothing there to collect........perfect :)) Good luck FAC Properties !

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