Ms S Jallow v QBE Management Services (UK) Limited — 2020

Ms S Jallow brought complaints of pregnancy discrimination, detriment for making a flexible working request, and unauthorised deductions from wages. The wages complaint was withdrawn at a preliminary hearing and dismissed on withdrawal. The tribunal found that she had returned from maternity leave on an informal homeworking arrangement, submitted a formal flexible working application on 21 May 2018, and had that application approved on 31 May 2018.

The flexible working detriment complaint was dismissed. The tribunal held that the reallocation of David Earrey's work, the additional IR-related tasks, the reduced length of some one-to-one meetings, the grievance investigation and appeal, and the February 2019 PMP rating were either not detriments or were not shown to have been done because she had made a flexible working request. It found that the work given to the claimant was within her competence and that the respondent's reasons were based on workload, capacity and performance concerns rather than the request itself.

The pregnancy discrimination complaint succeeded only in relation to issue (aa). The tribunal found that on 21 and 25 March 2019 Mr Flack told the claimant that she had taken too many sickness days and antenatal appointments, that this was affecting her output and letting the team down, and that those comments were because of her pregnancy and pregnancy-related sickness absence. It found that the comments caused her to miss an antenatal appointment. The separate allegation about a later April 2019 query as to why she had more appointments than was routine failed.

For remedy, the tribunal awarded £4,000 for injury to feelings and interest at the daily rate of £0.88 from 21 March 2019 until the date of judgment. The tribunal placed the injury to feelings award in the middle of the lower Vento band and noted that the discriminatory conduct was discrete and of limited duration. It also recorded that from May 2019 the claimant was supported by Mr Flack and the respondent in relation to her pregnancy.