Case 1800249/2022 · Employment Tribunal
Ms Donna Patterson v Wm Morrison Supermarkets Limited — 2022
- Case reference
- 1800249/2022
- Decision date
- 24 October 2022
- Jurisdiction
- England & Wales
- Venue
- Leeds
- Panel members
- Ms J Blesic, Mr M Brewer
Parties
2 namedClaimant
Ms Donna Patterson
Respondent
Key findings
Tribunal's reasoningThe tribunal found that the respondent unfavourably treated the claimant because she was exercising the right to maternity leave, in the manner in which it consulted her about a restructure affecting her job.
It also found that, after maternity leave, the respondent applied a provision, criterion or practice concerning the discharge of duties in the post to which the claimant was redeployed. The tribunal found that this placed, or would have placed, women at a particular disadvantage compared with men, placed the claimant at that disadvantage, and was not justified.
The tribunal found that the claimant was constructively dismissed and that the dismissal was unfair. It further found that the constructive dismissal was discriminatory because the discrimination findings contributed to the breach of the implied term of trust and confidence in respect of which the claimant resigned.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Pregnancy and maternity discrimination | The judgment found unfavourable treatment because the claimant was exercising the right to maternity leave. The discrimination compensation was awarded as a combined sum and was not split between the discrimination findings. | Upheld | Pregnancy and maternity | — |
| Sex discrimination | The judgment found indirect sex discrimination after maternity leave arising from a provision, criterion or practice concerning the duties of the redeployed post. The discrimination compensation was awarded as a combined sum and was not split between the discrimination findings. | Upheld | Sex | — |
| Unfair dismissal | The judgment found that the claimant was constructively dismissed and that the dismissal was unfair. | Upheld | — | £2,909 |
Remedy
Monetary award- Total award
- £60,442
- across all upheld claims
- Basic award
- £2,284
- statutory, unfair dismissal
- Compensatory award
- £625
- compensatory remedy recorded
Legal tests applied
1 reference- section 123 of the Employment Rights Act 1996
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.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.