In person 5-6 March; with support of Mr Newton (husband) 10 March 2020. For the v Respondent — 2020

Ms Sharma was employed as a recruitment consultant on Career Teachers' Lewisham desk and told the employer she was pregnant in November 2016. The tribunal preferred her evidence on the key meetings and found that in March and May 2017 Ms Mitchell told her there was no guarantee she could return to the Lewisham desk. It also found that Candice Nicholl was recruited in April 2017 on a permanent basis to fill that desk, and that Ms Sharma left for maternity leave on 16 May 2017 while still without clear reassurance about her return.

When Ms Sharma met Ms Mitchell on 24 January 2018 to discuss an early return, the tribunal found that she was not reassured about returning to Lewisham. Instead, Ms Mitchell spoke about alternative desks, told her she was the highest paid consultant, and said that even if she did not want her back she would have to allow her by law. No flexible-working form was sent, no follow-up clarification was given, and the uncertainty remained when Ms Sharma resigned on 2 April 2018 with notice expiring on 30 April 2018.

The tribunal held that Ms Sharma resigned because the continuing failure to confirm her return to her own desk destroyed trust and confidence. Applying the constructive dismissal authorities it cited, the tribunal found a repudiatory breach of the implied term of trust and confidence, no affirmation, and therefore constructive dismissal that was also unfair. It awarded £1,524 as the basic award and £500 for loss of statutory rights.

On the Equality Act claims, the tribunal found the same conduct was unfavourable treatment because Ms Sharma was seeking to exercise, exercising, or had exercised her right to statutory maternity leave under s18(4) Equality Act 2010. It held there was a continuing act from 1 March 2017 through the termination date on 30 April 2018, so the discrimination claims were in time. It said that even if the claim had been 18 days late, it would have extended time as just and equitable.

The tribunal found no financial loss on the discrimination claim because Ms Sharma went into a new managerial role at slightly higher pay and, over the 11 months considered, earned marginally more than she would have earned had she returned to Career Teachers. It awarded £20,000 for injury to feelings and £4,800 interest, rejected aggravated damages, and declined any ACAS uplift.