Mrs C Boateng v London Borough of Croydon and 2 others — 2020

The claimant, a debt recovery officer employed by the first respondent, brought claims of pregnancy discrimination against the respondent council and two managers, and a claim concerning unpaid annual leave. The tribunal noted that none of the claims related to dismissal. The annual leave claim and a fifth pregnancy discrimination complaint were withdrawn during the hearing.

On the occupational health and risk assessment complaints, the tribunal found that the claimant had not directly requested an occupational health referral and had not provided clear evidence that a referral was necessary. It also found that risk assessment meetings had not been cancelled five times as alleged, that the claimant had been asked to complete relevant forms, and that flexible working arrangements, reduced work requirements, breaks and removal of targets were available during the relevant period. The tribunal concluded that these matters did not amount to unfavourable treatment.

The tribunal found that the respondents' delay in responding to the claimant's maternity paperwork and confirming maternity leave dates was unfavourable treatment and caused the claimant stress and upset. However, it found no evidence that the delay was because of pregnancy or pregnancy-related illness, concluding instead that it was mismanagement. The tribunal extended time on a just and equitable basis but dismissed the four remaining pregnancy discrimination complaints.