Mirela Niculae v Wellington’s Coffee Shop and Restaurant Ltd & Donna O’Kane [2014]

The claimant was employed in a coffee shop which was the subject of a “relevant transfer” within the meaning of the TUPE Regulations 2006. The second respondent became the new owner of the business and the claimant was given her p45 and not offered a job. She considered that the omission to offer her a job under the new regime had happened because she was pregnant. The claimant noted that none of the other Romanian staff had been offered employment and that many of that local staff had been. Because of those circumstances, she formed the view that her dismissal was also racially discriminatory.

The tribunal concluded that if the claimant was dismissed because she was pregnant, that was a