Ms Sarah Lindup v Bright HR Limited — 2025

The Tribunal unanimously found that the Respondent discriminated against the Claimant contrary to section 18(4) of the Equality Act 2010 in connection with her exercise of additional maternity leave. The Tribunal found that on 26 October 2022, while the Claimant was still on maternity leave, the new head of sales Ms Stott decided that the Claimant would not be returned to the web team on her return to work, and that decision was not reconsidered despite the Claimant's repeated requests. The Tribunal characterised Ms Stott's decision as irrational in the absence of any rational explanation, noting that the Claimant's pre-maternity sales record had been very successful.

The Tribunal held that the Claimant's right on return from additional maternity leave to a "similar" role meant a role with similar opportunity to earn similar levels of remuneration, and that a position causing a loss of considerably more than half the expected income was not "similar". Applying the approach in Interserve, the Tribunal concluded that from 15 November 2022 onwards the Claimant was treated unfavourably as a result of the 26 October 2022 decision, and that on the balance of probabilities the only conceivable reason for the change in the Respondent's attitude was her maternity leave. The Tribunal also referred to Ms Stott's repeated characterisation of the return-to-work discussion as a "mum-to-mum chat" as undermining the Claimant's employment status.

This is a liability decision only. The case will be listed for a remedy hearing with a time estimate of one day unless the parties agree terms within 14 days. The monetary figures appearing in the judgment text relate to background matters such as protected earnings of £1,250, the Claimant's prior sales performance, and contextual income figures rather than an award made by the Tribunal.