Dr G Challis v East Lancashire Hospitals NHS Trust and 2 others — 2024

The tribunal found that Dr Challis was a junior doctor whose second rotation in the Breast team was affected by pregnancy-related illness, the requirement to shield during the covid period, and impending maternity leave. It accepted that there were practical difficulties around remote work, including the lack of a Trust laptop, but found those difficulties arose from pandemic-era equipment shortages, funding and IT constraints, and not because of pregnancy or maternity.

In relation to the pregnancy and maternity discrimination allegations, the tribunal found that a number of the matters complained of were not unfavourable treatment at all, and that where treatment was arguably unfavourable, pregnancy or maternity was the context rather than the reason for it. In particular, it found Mr Kumar was raising genuine concerns about evidencing training competencies, rather than threatening or punishing the claimant because of pregnancy, illness or maternity leave. The tribunal did find that his discussion of a possible "career break" was confused and, to a limited extent, unfavourable because he was not sufficiently informed about the distinction from maternity leave, but it held that this was due to his misunderstanding and not discrimination.

The indirect sex discrimination claim failed because the tribunal did not accept that the pleaded PCPs were made out on the evidence. It found there was no blanket practice of refusing laptops, no proved practice of preventing staff from completing rotations when remote work arose, and the PCP about long meetings was withdrawn.

The harassment claim failed because the tribunal found the conduct relied on either did not occur as alleged, was not related to sex, or did not have the purpose or effect required by section 26. The victimisation claim also failed because the tribunal found no detriment in the grievance handling and no evidence that the grievance outcome was influenced by the claimant having brought tribunal proceedings.