Miss M Darko v Ladbroke Betting and Gaming Limited — 2021

Miss Darko was employed as a Customer Services Advisor until 20 November 2019, when her employment ended by reason of redundancy as part of the Respondent's Core People Programme. The tribunal found that the CSA role was being removed across the business for financial and operational reasons and that the Respondent had conducted collective consultation from January 2019 and individual consultation from October 2019 onwards. It held that the dismissal fell within the statutory definition of redundancy and that the Respondent acted reasonably in requiring the process to conclude within its timetable.

The tribunal found that the Claimant was told her role was at risk, took part in a first consultation call on 5 November 2019, and was given further time until 30 November 2019 to decide whether to step up into the CSM role or accept redundancy. It accepted that she had a newborn baby, was breastfeeding and reported sleepless nights, and that the Respondent offered adjustments such as telephone or video meetings, a home visit, and more time. It rejected her case that the Respondent ignored her concerns or failed to support her, and found that her email of 20 November 2019 was an unequivocal acceptance of redundancy rather than an expression of uncertainty.

On the pregnancy and maternity discrimination claim, the tribunal applied section 18 Equality Act 2010 and the burden of proof principles in Igen and Madarassy. It held that some matters relied on by the Claimant, such as the need to engage with the redundancy process and the pressure she felt, were not treated as unfavourable because she was exercising maternity leave rights. Where treatment could be said to be unfavourable, the tribunal found it arose from her having a newborn child, breastfeeding, sleepless nights and the Respondent's need to progress a national restructuring exercise, rather than from maternity leave itself. The grievance and appeal were also found to have been handled reasonably. The claims were therefore dismissed in their entirety.