Case 1800000/2019 · Employment Tribunal
Mrs H L Macartney v The Black Swan Hotel (Yorkshire) Limited — 2019
- Case reference
- 1800000/2019
- Decision date
- 27 November 2019
- Jurisdiction
- England & Wales
- Venue
- Leeds
- Panel members
- Mr W Roberts, Ms A S Brown
Parties
2 namedClaimant
Mrs H L Macartney
Respondent
Key findings
Tribunal's reasoningThe tribunal sitting at Leeds on 25, 26 and 27 November 2019, before Employment Judge D N Jones with Mr W Roberts and Ms A S Brown, found that Mrs H L Macartney was discriminated against when the respondent removed her profile and details from the company website while she was exercising the right to maternity leave. The tribunal treated that removal as unfavourable treatment amounting to a detriment.
The tribunal dismissed the remaining complaints of discrimination on grounds of pregnancy and maternity, together with the claims of victimisation and direct sex discrimination. It also dismissed the complaint under the Flexible Working Regulations 2004 because the claimant had not submitted a written application.
The unfair dismissal complaint was dismissed because the tribunal found that the claimant did not resign as a consequence of a fundamental breach of contract by her employer. For the successful discrimination claim, the tribunal awarded £2,000 for injury to feelings and £160 interest.
Claims and outcomes
6 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Pregnancy and maternity discrimination | The tribunal found unfavourable treatment in removing the claimant's profile and details from the company website while she was exercising the right to maternity leave. | Upheld | Pregnancy and maternity | £2,000 |
| Pregnancy and maternity discrimination | The remaining complaints of discrimination on grounds of pregnancy and maternity were dismissed. | Dismissed | Pregnancy and maternity | — |
| Victimisation | Recorded from the judgment. | Dismissed | — | — |
| Sex discrimination | Recorded from the judgment. | Dismissed | Sex | — |
| Flexible working | Dismissed on the ground that the claimant did not submit a written application under the Flexible Working Regulations 2004. | Dismissed | — | — |
| Unfair dismissal | The tribunal found that the claimant did not resign as a consequence of a fundamental breach of contract by the respondent. | Dismissed |
Remedy
Monetary award- Total award
- £2,160
- across all upheld claims
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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