Law bars pregnant woman's payout

Mary Siergiejew fears she may have to sell her house

A mother-of-three who was unfairly dismissed after becoming pregnant claims a legal loophole has prevented her from being awarded compensation.

Mary Siergiejew's lawyers said she was entitled to up to £600,000 after winning her constructive dismissal and sex discrimination case last year.

But before her compensation was to be awarded, Bolton-based Retail Personnel Solutions went into administration.

A new company has been set up called Recruitment Personnel Solutions.

It is also known as RPS and has the same managing director as the previous business.

The law is meaningless if the tribunal's judgements can be ignored Spokesperson, Equal Opportunities Commission

Mrs Siergiejew, 37, of Bolton, said she had "cried all day" when she heard the news.

She said: "I was the biggest creditor, but I have been told I will not get anything.

"I just feel I have wasted the last two-and-a-half years of my life.

"I have never received an apology and have spent several months off work, suffering from stress, anxiety and depression."

'Not unusual'

Mrs Siergiejew, who now works as a classroom assistant and has since had her baby, said she fears she will have to sell her house to pay her legal fees.

Employment law experts said her case was not unusual.

Her lawyer, Alasdair Hobbs, said her claim took into account loss of earnings.

"There's absolutely no chance of her getting that. She is likely to get one tenth or 15% of the claim," he said.

"This is a loophole which gives companies the chance to find a buyer while in administration.

"Unless they completely overhaul the rights of a limited liability company I don't think there's going to be much change in the law."

Few assets

A spokesperson for the Equal Opportunities Commission said: "No one takes employment tribunal claims lightly. They can be stressful, time consuming and often very expensive.

"But it adds insult to injury if, when they have succeeded with their claim, they are unable to recover the compensation for their losses.

"The law is meaningless if the tribunal's judgements can be ignored."

Gary Bowker, editor of IDS Diversity at Work, which covers equal opportunities and discrimination law, said: "People like Mary are very much at the back of the queue as far as debt is concerned and they're unlikely to get any money.

"The employers that go into liquidation tend to be small, one or two man bands, which don't have many visible assets through any court order."

RPS was unavailable for comment on Friday.